PALMIERI v. CUOMO


170 A.D.2d 283 (1991)

Thomas Palmieri et al., Appellants, v. Mario M. Cuomo, as Governor of The State of New York, et al., Respondents

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

February 19, 1991


Plaintiffs seek a permanent injunction requiring defendants to provide to each class member immediate and appropriate treatment for drug abuse and to each homeless drug abuser medically appropriate emergency housing that includes immediate drug treatment. While the court was sympathetic to the plaintiffs' needs, it dismissed the complaint for treatment on demand as not justifiable because no statute or regulation requires that such treatment be provided. We agree.

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