In the Matter of Maria Lamboy et al., on Behalf of Themselves, Their Children and All Others Similarly Situated, Respondents, and Wilma Acevedo, on Behalf of Herself, Her Children and All Others Similarly Situated, Intervenor-Respondent,
v.
George Gross, as Commissioner of the Human Resources Administration of The City of New York and 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
March 26, 1987
March 26, 1987
Attorney(s) appearing for the Case
Shawn P. Leary of counsel (Arthur J. Fried, Steven Banks and Alan Rosner with him on the brief; Helaine M. Barnett, attorney), for respondents.
Maryellen Weinberg of counsel (Robert Abrams, Attorney-General, attorney), for Cesar Perales, appellant.
Barry P. Schwartz of counsel (Leonard Koerner and Fay Leoussis with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for municipal appellants.
Jay Greenfield of counsel (Martin Klotz and Rachel Pollock with him on the brief; Robert M. Hayes and Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for the Coalition for the Homeless, amicus curiae.
MURPHY, P. J., MILONAS and ROSENBERGER, JJ., concur with ELLERIN, J.; KUPFERMAN, J., dissents in an opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
ELLERIN, J.
In McCain v Koch (117 A.D.2d 198), decided May 13, 1986, this court held that homeless families with children are entitled to emergency shelter, on both constitutional and statutory grounds, and a preliminary injunction was granted prohibiting denial of such shelter to eligible homeless families. However, contrary to the position taken by the dissent, our...
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