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MIXON v. GRINKER

157 Misc.2d 68 (1993)

595 N.Y.S.2d 876

Kenneth Mixon et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. William J. Grinker, as Commissioner of New York City Human Resources Administration, et al., Defendants.

Supreme Court, New York County.

March 4, 1993

Attorney(s) appearing for the Case

Virginia G. Shubert, New York City, and Townley & Updike for plaintiffs. O. Peter Sherwood, Corporation Counsel of New York City (George Gutwirth of counsel), for William J. Grinker, defendant. Robert Abrams, Attorney-General, New York City (Judith T. Kramer of counsel), for Cesar A. Perales, as Commissioner of New York State Department of Social Services, defendant.

EDWARD H. LEHNER, J.

The issue posed by the trial of this action is whether the City of New York (the City) is required to provide a person infected with the human immunodeficiency virus (HIV) who has a medical condition that constitutes an "HIV related disease", as defined by the AIDS Institute of the New York State Department of Health, with the same shelter benefits as a person who has AIDS, as defined by...

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