When a public officer, body, board, commission or other public agency may sue or be sued in its official capacity, it may be designated by its official title, subject to the power of the court to require names to be added.
§ 1023.Public body or officer described by official title
Article 10. Parties Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1023 lets a public officer, body, board, commission, or agency be sued or sue in an official action under its official title alone, subject to the court's power to require that individual names be added.
Full Text of CPLR 1023
Plain-English Summary
Government litigation doesn't always need to name the individual who happens to hold an office. CPLR 1023 lets a public officer, body, board, commission, or other public agency that may sue or be sued in its official capacity be designated in the case by its official title.
That naming convention ties directly back to CPLR 1019: when an officer is sued by title rather than by name under this section, no substitution is needed if the person holding that office changes during the litigation, since the case was never anchored to any one individual.
The court still keeps a check on the practice. CPLR 1023 preserves the power to require that individual names be added to the case, if the circumstances call for identifying the specific people behind the official title rather than proceeding against the office alone.
Frequently Asked Questions
Can I sue a government agency by its title instead of naming individuals in New York?
Yes. CPLR 1023 lets a public officer, body, board, commission, or agency be designated in a lawsuit by its official title when it may sue or be sued in its official capacity.
Do I need to name the specific official holding an office when suing in New York?
Not necessarily. CPLR 1023 allows suit against the official title alone, though the court can require individual names to be added if it decides that's necessary.
What happens if the official named by title in a lawsuit leaves office?
Under CPLR 1019, no substitution is necessary when the officer was described by official title under CPLR 1023, since the suit was never tied to the individual who held the office.
Can a New York court require individual names in a lawsuit against a public body?
Yes. CPLR 1023 preserves the court's power to require that individual names be added, even when the case was brought against an official title.
Why does New York allow suits against official titles instead of individuals?
Suing by official title under CPLR 1023 keeps government litigation from being disrupted every time an office changes hands, since the case targets the position and its powers rather than the person currently holding it.
Advisory Committee Notes
This section is a restatement of former law with no substantial change. See CPA § 213.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1023 New Yorksuing public officer by title New Yorkofficial capacity lawsuit New York agencypublic body sued by title CPLRgovernment agency lawsuit official titleNew York civil procedure official title partysuing a board or commission New York