Santana v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 12, 2011, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff argues that the City has a nondelegable duty to transport homeless families from intake facilities to temporary overnight shelters. She relies on Administrative Code of City of NY § 21-313, which requires the Department of Homeless Services (DHS) to maintain a facility to handle applications for shelter from families with children, to provide temporary overnight shelter placement for those families that, at…