Legal Opinion

Callahan v. Carey

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 2003PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Buckley, P.J.

This appeal presents the following question: did a 1981 consent decree mandate that defendants provide shelter to everyone upon demand without determining financial need, without conditions and without a time limit? Since the clear and unambiguous language of the consent decree does not contain such a boundless and unprecedented entitlement, we reverse the IAS court and find that the regulation^ duly promulgated by New York State is consistent with the consent decree.

This action was commenced in 1979 as a challenge to the sufficiency and quality of shelter for…

2Cases cited4 opinions

  1. Barie v. LavineNew York Court of Appeals · 1976
  2. 19th Street Associates v. StateNew York Court of Appeals · 1992
  3. Eldredge v. KochAppellate Division of the Supreme Court of the State of New York · 1983
  4. McCain v. GiulianiAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by7 opinions

  1. Jenkins v. New York City Department of Homeless ServicesDistrict Court, S.D. New York · 2009
  2. Matter of Gonzalez v. AnnucciNew York Court of Appeals · 2018
  3. Callahan v. CareyNew York Court of Appeals · 2009
  4. Callahan v. CareyAppellate Division of the Supreme Court of the State of New York · 2008
  5. Hall v. Clark Thomas Men's ShelterDistrict Court, S.D. New York · 2023

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