Yvonne McCain et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Respondents-Appellants, Donna Keyes et al., Intervenors-Respondents-Appellants, Carolyn Lee et al., Proposed Intervenors-Appellants, and Linda James et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Intervenors-Appellants,
v.
Edward I. Koch, as Mayor of The City of New York, et al., Appellants-Respondents, et al., Defendant
In the Matter of Sharon Fulton et al., on Behalf of Themselves and Their Children and All Others Similarly Situated, Respondents, and Patricia Cossley, Intervenor-Respondent,
v.
James Krauskopf, as Commissioner of The Human Resources Administration of the City of New York, and of The New York City Department of Social Services, et al., Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 13, 1986
May 13, 1986
Attorney(s) appearing for the Case
Ann Moynihan and Arthur J. Fried of counsel (Steven Banks, John E. Kirklin, Shawn P. Leary, Stephen J. Loffredo, Foster S. Maer, Scott A. Rosenberg, Alan Rosner and Marcella Silverman with them on the brief; and Kalman Finkel, attorneys), for respondents-appellants (other than Barbara Downs); intervenors-respondents-appellants; proposed intervenors-appellants; and petitioners-respondents.
Lee Bantle of counsel (Debevoise & Plimpton, attorneys), for Barbara Downs, respondent-appellant and as co-counsel for the remaining respondents-appellants; intervenors-respondents-appellants; proposed intervenors-appellants; and petitioners-respondents.
Samuel J. Silverman of counsel (Jay Greenfield, Anne Louise Oates and Todd Stern with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison and Robert M. Hayes and Nadine Strossen, representing, respectively, the Coalition for the Homeless and the Washington Square Legal Services, Inc., as attorneys), for intervenors-appellants.
Barry P. Schwartz of counsel (Fay Leoussis with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for municipal appellants.
Lillian Z. Cohen of counsel (Robert Abrams, Attorney-General, attorney), for Cesar Perales, as Commissioner of the New York State Department of Social Services.
KUPFERMAN, J. P., SULLIVAN, ROSS and FEIN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
ROSENBERGER, J.
On these consolidated appeals we are called upon to consider whether homeless families with children are entitled to emergency shelter under the guarantees of equal protection of the New York Constitution, the Federal Constitution, and the State Plan for Emergency Assistance to Families with Needy Children. The issues arise in the context of appeals and cross appeals from four orders entered...
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