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CARRIER v. SALVATION ARMY

88 N.Y.2d 298 (1996)

667 N.E.2d 328

644 N.Y.S.2d 678

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

Court of Appeals of the State of New York.

Decided June 6, 1996.

Attorney(s) appearing for the Case

Ann Pegg Biddle, New York City, and Wayne G. Hawley for appellants.

Howard W. Burns, Jr., New York City, for respondent.

Robinson Silverman Pearce Aronsohn & Berman LLP, New York City (Eric Rieder of counsel), for Friends and Relatives of the Institutionalized Aged, Inc., and another, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

The narrow issue presented by this appeal is whether Social Services Law § 460-d grants residents of an adult care facility subject to Department of Social Services supervision a private right of action to seek the appointment of a temporary receiver. Because we agree with the courts below that there is no such right under the statute, we now affirm.

Plaintiffs, residents of an adult care...

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