HENRY v. ISAAC


214 A.D.2d 188 (1995)

632 N.Y.S.2d 169

Bernard Henry et al., Respondents, v. Morris Isaac et al., Appellants

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

October 10, 1995


Attorney(s) appearing for the Case

Mulholland, Minion & Roe, Williston Park (Karen J. Walsh and Vincent D. McNamara of counsel), for appellants.

Patterson, Belknap, Webb & Tyler, New York City (Lisa E. Cleary of counsel, and MFY Legal Services, Inc., New York City (Jeanette Zelhof of counsel), for respondents. (One brief filed.)

COPERTINO, J. P., SANTUCCI and KRAUSMAN, JJ., concur.


ALTMAN, J.

The operation of adult care facilities is governed by Social Services Law article 7 and the regulations promulgated thereunder. The primary issue on this appeal is whether a resident of such a facility has a private right of action under the Social Services Law against the operator of the facility for failure to provide the services and level of care mandated by the statute and regulations. We conclude...

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