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MATTER OF STRAY FROM THE HEART, INC. v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE

No. 158.

20 N.Y.3d 946 (2012)

2012 NY Slip Op 8438

In the Matter of STRAY FROM THE HEART, INC., Appellant, v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided December 11, 2012.

Attorney(s) appearing for the Case

Kaye Scholer LLP, New York City ( Catherine St. John , H. Peter Haveles, Jr. , Juan Garcia and Joseph Clark of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Avshalom Yotam , Karen M. Griffin and Francis F. Caputo of counsel), for respondents.

Jimmy Yan , General Counsel, Office of the Manhattan Borough President, New York City, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

When a statute or local law does not expressly authorize a private right of action, the inquiry becomes whether the plaintiff is one of the class for whose particular benefit the law was enacted, whether recognition of a private right of action would promote the legislative purpose, and whether creation of such a right would be consistent with the...

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