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CALLAHAN v. CAREY

307 A.D.2d 150 (2003)

762 N.Y.S.2d 349

ROBERT CALLAHAN et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. HUGH L. CAREY, as Governor of the State of New York, et al., Defendants, and BARBARA BLUM, as Commissioner of the New York State Department of Social Services, et al., Appellants. LOUISE F. ELDREDGE et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. EDWARD I. KOCH, as Mayor of the City of New York, et al., Appellants.

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

June 10, 2003.

Attorney(s) appearing for the Case

Steven Banks of counsel (Richard E. Blum, Amanda Moretti and Andrew C. Smith on the brief; The Legal Aid Society and Robert M. Hayes, President, Medicare Rights Ctr., attorneys), for respondents.

James M. Hershler of counsel (Deon J. Nossel on the brief; Eliot Spitzer, Attorney General), for New York State Office of Temporary and Disability Assistance, appellant.

Alan G. Krams of counsel (Leonard Koerner and Thomas C. Crane on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for Edward I. Koch, as Mayor of the City of New York and others, appellants.

Richard Rothman of counsel (Geoffrey D. Berman and Bernadette McCann Ezring on the brief; Weil, Gotshal & Manges LLP, attorneys), for American Association of Community Psychiatrists, amicus curiae.

Steven M. Edwards of counsel (Hogan & Hartson L.L.P., attorneys), for Association of Service Providers for Homeless Adults, amicus curiae.

ROSENBERGER, LERNER, FRIEDMAN and GONZALEZ, JJ., concur.

OPINION OF THE COURT

BUCKLEY, P.J.

This appeal presents the following question: did a 1981 consent decree mandate that defendants provide shelter to everyone upon demand without determining financial need, without conditions and without a time limit? Since the clear and unambiguous language of the consent decree does not contain such a boundless and unprecedented entitlement, we reverse the IAS court and find that the regulation duly promulgated by New York...

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