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HEARD v. CUOMO

80 N.Y.2d 684 (1993)

John Heard et al., Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs, v. Mario M. Cuomo, as Governor of the State of New York, et al., Defendants. Michael Koskinas et al., Individually and on Behalf of All Other Persons Similarly Situated, Respondents, v. Jo I. Boufford, as President of the New York City Health and Hospitals Corporation, et al., Appellants, and Mario M. Cuomo, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 18, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City, New York City (Leonard Koerner, Ronald E. Sternberg, George Gutwirth and Masako C. Shiono of counsel), for appellants.

Moon Moss McGill & Bachelder, of the Maine Bar, admitted pro hac vice (Robert M. Hayes of counsel), and Paul, Weiss, Wharton & Garrison, New York City (Jay Topkis, Alisa D. Shudofsky and Ellen M. Moskowitz of counsel), for Michael Koskinas and others, respondents.

Robert Abrams, Attorney-General, New York City (Jerry Boone and Arnold D. Fleischer of counsel), for Mario M. Cuomo and another, respondents.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and SMITH concur.

BELLACOSA, J.

The named individuals seeking declaratory relief in these two actions are homeless, mentally ill persons. They sue for themselves and on behalf of all persons similarly situated.

The Supreme Court, after a lengthy trial, ruled in favor of plaintiffs, and held that the duties imposed on defendant, New York City Health and Hospitals Corp. (HHC), under Mental Hygiene Law § 29.15, include...

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