CARRIER v. ARMY


217 A.D.2d 420 (1995)

629 N.Y.S.2d 38

Marc Carrier, Plaintiff, and James Stuart et al., Appellants, v. Salvation Army, Doing Business as Booth House II, Respondent

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

July 6, 1995


The IAS Court, in denying the motion for the appointment of a receiver to operate the adult care facility during the decertification process and in dismissing the complaint, properly determined that plaintiffs had no cognizable private right of action, either actual or implied, under Social Services Law § 460-d to seek the appointment of a temporary receiver. The implication of such a private right of action is entirely inconsistent with the purposes, mechanism and the...

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