I think the attached Opinion of the Public Access Counselor covers that point: “HHC, however, asserts the Board delegates its litigation responsibilities wholesale to the executive staff. Notably, HHC did not offer any resolution, policy, or ordinance verifying the Board’s delegation of authority to the executive staff to do anything, much less an action of this magnitude.”
Regardless, as @godwit implied, I don’t see the current Court being constrained from hearing any case it wants to hear that gives it the chance to further undermine the nefarious social safety net.