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MIXON v. GRINKER

212 A.D.2d 183 (1995)

627 N.Y.S.2d 668

Kenneth Mixon et al., on Behalf of Themselves and All Others Similarly Situated, et al., Appellants-Respondents, and Wayne Phillips et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants-Respondents, v. William Grinker, as Commissioner of The New York City Human Resources Administration, Respondent-Appellant, and Cesar Perales, as Commissioner of the New York State Department of Social Services, Respondent

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

June 8, 1995

Attorney(s) appearing for the Case

Lawrence C. Fox of counsel (Virginia Schubert on the brief; Kornstein Veisz & Wexler, attorneys), for appellants-respondents and intervenors-appellants-respondents.

Timothy J. O'Shaughnessy of counsel (Kristin M. Helmers on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for respondent-appellant.

Judith T. Kramer of counsel (Dennis C. Vacco, Attorney-General, attorney), for respondent.

SULLIVAN, J. P., ELLERIN, WALLACH and MAZZARELLI, JJ., concur in a Per Curiam opinion; KUPFERMAN, J., dissents in a separate opinion.

Per Curiam.

Plaintiffs commenced this action in 1988 to address the shelter needs of homeless persons who are seropositive for the human immunodeficiency virus (HIV-positive) and who also have a medical condition that constitutes an "HIV related disease" as defined by the AIDS Institute of the New York State Department of Health.1 Through this litigation, plaintiffs, who are "HIV-ill" but do...

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