Daniels v. Christofoletti

OPINION OF THE COURT

Jaime A. Rios, J.

Can a person afflicted with acquired immune deficiency syndrome (AIDS) be evicted from their residence at an adult home without resort to judicial proceedings? Does that resident pose an imminent risk of death or danger to other residents? These issues are raised in the subject proceeding to *858restore petitioner to his room at the Queens Lighthouse Home for Adults located in Queens County.

The proceeding was necessitated by respondent’s repeated refusal to restore petitioner to possession of his room.

BACKGROUND

Petitioner is legally blind, and a resident of…