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RODRIGUEZ v. CITY OF NEW YORK

20 A.D.3d 327 (2005)

799 N.Y.S.2d 195

JALEN RODRIGUEZ et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

July 14, 2005.

We dismiss plaintiffs' claims against the municipal defendant because the provision of temporary housing for homeless families is a governmental function mandated by the State Constitution for the benefit of the general public, with no statute conferring a private right of action upon individuals receiving government assistance (see Biro v Department of Social Servs./Human Resources Admin., 1 A.D.3d 302 [2003]). Moreover, plaintiffs...

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