Mixon v. Grinker

OPINION OF THE COURT

Edward H. Lehner, J.

The issue posed by the trial of this action is whether the City of New York (the City) is required to provide a person infected with the human immunodeficiency virus (HIV) who has a medical condition that constitutes an "HIV related disease”, as defined by the AIDS Institute of the New York State Department of Health, with the same shelter benefits as a person who has AIDS, as defined by the Federal Centers for Disease Control (CDC).

Prior to the institution of this action the City had adopted a policy of providing individuals diagnosed as having…