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McCAIN v. DINKINS

192 A.D.2d 217 (1993)

Yvonne McCain et al., Respondents, v. David N. Dinkins, as Mayor of The City of New York, et al., Appellants, et al., Defendant In the Matter of Maria Lamboy et al., Respondents, v. Barbara J. Sabol, as Administrator of The Human Resources Administration of the City of New York and as Commissioner of The New York City Department of Social Services, et al., Appellants, et al., Defendant Karen Slade et al., Respondents v. David N. Dinkins, as Mayor of The City of New York, et al., Appellants, et al., Defendant

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

July 29, 1993

Attorney(s) appearing for the Case

Elizabeth Dvorkin of counsel (Leonard Koerner and Alan Krams with her on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for appellants.

Steven Banks of counsel (Helaine Barnett, Jane Sujen Bock, Andrew W. Ko, Nancy Rosenbloom, Gemma Solimene, Jane E. Booth, Scott A. Rosenberg and Leah Hill with him on the brief; The Legal Aid Society, attorneys), for respondents.

SULLIVAN, J., concurs with KASSAL, J.; MILONAS, J., concurs in the opinion of KASSAL J., and in a separate opinion; MURPHY, P. J., and KUPFERMAN, J., concur in part and dissent in part in a separate opinion by KUPFERMAN, J.

KASSAL, J.

We have repeatedly held that the housing of homeless families at Emergency Assistance Units (EAUs), i.e., welfare offices, violates New York State Administrative Directive 83 ADM-47 requiring that emergency housing be "provided immediately" (see, Matter of Lamboy v Gross, 126 A.D.2d 265). The overnight housing of homeless families at EAUs is intolerable...

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