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DOE v. DINKINS

192 A.D.2d 270 (1993)

James Doe et al., on Behalf of Themselves and All Other Persons Similarly Situated, et al., Respondents, v. David N. Dinkins, as Mayor of The City of New York, et al., Appellants, et al., Defendants

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

July 29, 1993

Attorney(s) appearing for the Case

Julian L. Kalkstein of counsel, New York City (Leonard Koerner, Larry A. Sonnenshein and (George Gutwirth with him on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for appellants.

Catherine J. Ross of counsel, New York City (Jay Greenfield and Daniel J. Leffell [Paul, Weiss, Rifkind, Wharton & Garrison], and Douglas Lasdon, David Singleton, Lisa Bambino and Patrick Horvath [The Legal Action Center For The Homeless] with her on the brief; attorneys), for respondents.

MURPHY, P. J., CARRO, ROSS and KASSAL, JJ., concur.

ROSENBERGER, J.

It was not an abuse of discretion to grant the plaintiffs' motion for a preliminary injunction directing the municipal defendants to reduce the population at two homeless shelters to 200 beds each, to cease the placement of individuals in certain areas of one of the shelters and to cure existing fire code violations.

The plaintiffs James Doe, a resident of the Sumner Avenue Armory Men...

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