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CALLAHAN v. CAREY

1755N.

2008 NY Slip Op 05968

ROBERT CALLAHAN, ET AL., Plaintiffs-Respondents, v. HUGH L. CAREY, ETC., ET AL., Defendants, EDWARD I. KOCH, ETC., ET AL., Defendants-Appellants. LOUISE F. ELDREDGE, ET AL., Plaintiffs-Respondents, v. EDWARD I. KOCH, ETC., ET AL., Defendants-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for appellants.

The Legal Aid Society, New York (Steven Banks of counsel), and Robert M. Hayes, New York, for respondents.

Before: Nardelli, J.P., Gonzalez, Sweeny, McGuire, JJ.

In 1979, plaintiffs in the Callahan action, who were homeless, single, adult men, brought this action "challenging the sufficiency and quality of shelter for homeless men in New York City." Pursuant to a final judgment by consent (the decree), dated August 26, 1981, the City defendants were to provide

"shelter and board to each homeless man who applies for it provided that (a) the man meets the need standard to qualify for the home relief program established...

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