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MIXON v. GRINKER

88 N.Y.2d 907 (1996)

669 N.E.2d 819

646 N.Y.S.2d 661

Kenneth Mixon et al., on Behalf of Themselves and All Others Similarly Situated, et al., Respondents, and Wayne Phillips et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Respondents, v. William Grinker, as Commissioner of the New York City Human Resources Administration, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers of counsel), for William Grinker, appellant.

Dennis C. Vacco, Attorney-General, New York City (Judith T. Kramer, Barbara G. Billet and Victoria A. Graffeo of counsel), for Cesar A. Perales, appellant.

Kornstein Veisz & Wexler, L. L. P., New York City (Lawrence C. Fox and Virginia Shubert of counsel), for respondents and intervenors-respondents.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the complaint dismissed and the certified question answered in the negative.

Plaintiffs commenced this action on behalf of homeless persons who suffer from HIV-related illness as defined by the AIDS Institute of the New York State Department of Health. Plaintiffs sought, among other things, a judgment declaring that they were entitled...

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