McCAIN v. KOCH


136 A.D.2d 473 (1988)

Yvonne McCain et al., Respondents-Appellants; Donna Keyes et al., Intervenors-Respondents-Appellants; Carolyn Lee et al., Proposed Intervenors-Appellants, and Linda James et al., Intervenors-Appellants, v. Edward I. Koch, as Mayor of The City of New York, et al., Appellants-Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 12, 1988


In our prior opinion in this case (17 A.D.2d 198), we found that plaintiffs had established their entitlement to an injunction pendente lite requiring defendants to provide them with emergency shelter. However, based on our reading of prior decisions by the Court of Appeals, we reluctantly concluded that the adequacy of the shelter provided was a matter committed to the Legislature's discretion and, in the absence of a legislative directive, the courts were without power...

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