Palmieri v. Cuomo

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered January 5, 1990, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs seek a permanent injunction requiring defendants to provide to each class member immediate and appropriate treatment for drug abuse and to each homeless drug abuser medically appropriate emergency housing that includes immediate drug treatment. While the court was sympathetic to the plaintiffs’ needs, it dismissed the complaint for treatment on demand as not justifiable because no statute or regulation…