KENNETH MIXON, ET AL., RESPONDENTS, AND WAYNE PHILLIPS, ET AL.,
INTERVENORS-RESPONDENTS, v. WILLIAM GRINKER, AS COMMISSIONER OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION, ET AL., APPELLANTS.
88 N.Y.2d 907, 669 N.E.2d 819, 646 N.Y.S.2d 661 (1996).
June 11, 1996
1 No. 123 (1996 NY Int. 133)
Decided June 11, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Timothy O'Shaughnessy, for Appellant Grinker.
Judith T. Kramer, for Appellant State commissioner.
Lawrence C. Fox, for Respondents/intervenors - respondents.
MEMORANDUM:
The order of the Appellate Division should be reversed, without
costs, the complaint dismissed and the certified question answered in
the negative.
Plaintiffs commenced this action on behalf of homeless persons who
suffer from HIV-related illness as defined by the AIDS Institute of
the New York State Department of Health. Plaintiffs sought, among
other things, a judgment declaring that they were entitled by
constitution or statute to the same shelter benefits from the City and
State of New York as persons diagnosed with AIDS as defined by the
Federal Centers for Disease Control (CDC) and an injunction requiring
the City to provide them with medically appropriate housing.
The focus of the bench trial was the adequacy of the City's program,
developed after the institution of this lawsuit, to provide shelter
housing for homeless persons with HIV-illness. This program includes
the Comprehensive Care Plan (CCP), developed by the City Human
Resources Administration in consultation with, among other entities,
the State Department of Social Services, the City Department of Health
and the AIDS Institute of the State Department of Health as a special
housing plan that provides a variety of services to the medically
frail homeless population, including those individuals with
HIV-illness who are able to conduct their activities of daily living.
Before the implementation of the CCP, homeless individuals with
HIV-related illness were housed in barracks-style shelters among the
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
Timothy O'Shaughnessy, for Appellant Grinker.
Lawrence C. Fox, for Respondents/intervenors - respondents.
The order of the Appellate Division should be reversed, without costs, the complaint
Plaintiffs commenced this action on behalf of homeless persons who suffer from HIV-related
Plaintiffs sought, among other things, a judgment declaring that they were entitled by
The focus of the bench trial was the adequacy of the City's program, developed after the
This program includes the Comprehensive Care Plan (CCP), developed by the City Human
Although Supreme Court concluded that plaintiffs are not constitutionally or statutorily
The Appellate Division agreed with Supreme Court that plaintiffs have no constitutional or
The lower courts' reliance on McCain v Koch as authority for their judicial scrutiny of the
The Court emphasized that "t was because of the absence of any departmental regulation that
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