Cannady v. Valentin

• Decision Date: 07 August 1985
• Docket Number: No. 1416,D,1416
• Citation: 768 F.2d 501
• Parties: Daisy CANNADY, Lucy Roman, Melinda Panell, Teresa Rodriguez, and Rebecca Booker, on behalf of themselves and their children and other dependent minors in their care, and on behalf of all others similarly situated, and the Coalition for the Homeless, Plaintiffs-Appellants, v. Gladys VALENTIN and Ronald Eric Wright, on behalf of themselves and their children and other dependent minors in their care, and on behalf of all others similarly situated, Proposed Intervenors, Appellants, v. Edward I. KOCH, as Mayor of the City of New York, George S. Gross, as Commissioner of the New York Human Resources Administration, and Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Defendants-Appellees. ocket 85-7361.
• Court: U.S. Court of Appeals — Second Circuit

Page 501

768 F.2d 501

Daisy CANNADY, Lucy Roman, Melinda Panell, Teresa Rodriguez,

and Rebecca Booker, on behalf of themselves and their

children and other dependent minors in their care, and on

behalf of all others similarly situated, and the Coalition

for the Homeless, Plaintiffs-Appellants, v. Gladys VALENTIN and Ronald Eric Wright, on behalf of

themselves and their children and other dependent minors in

their care, and on behalf of all others similarly situated, Proposed Intervenors, Appellants, v. Edward I. KOCH, as Mayor of the City of New York, George S.

Gross, as Commissioner of the New York Human Resources

Administration, and Cesar A. Perales, as Commissioner of the

New York State Department of Social Services, Defendants-Appellees.

No. 1416, Docket 85-7361.

United States Court of Appeals Second Circuit.

Argued June 21, 1985.

Decided Aug. 7, 1985.

Jay Greenfield, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Robert M. Hayes, Coalition for the Homeless, Washington Square Legal Services, New York City, of counsel), for plaintiffs-appellants and proposed intervenors-appellants.

Antonia Levine, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Leonard Koerner, Susan D. Wagner, Susan Elsen, Asst. Corp. Counsel, New York City, of counsel), for defendants-appellees Koch and Gross.

Howard L. Zwickel, New York City (Robert Abrams, Atty. Gen. of the State of New York, Lillian Z. Cohen, Asst. Atty. Gen., of counsel, New York City), for defendant-appellee Perales.

Before VAN GRAAFEILAND and PRATT, Circuit Judges, and RE, Chief Judge of the United States Court of International Trade, sitting by designation.

PER CURIAM:

The sole question before us is whether the district court, 608 F.Supp. 1460, abused its discretion in staying this action pending resolution of a pending state court action, McCain, et al. v. Koch et al., 127 Misc.2d 23, 484 N.Y.S.2d 985 (Sup.Ct.N.Y.Co.).

BACKGROUND

Plaintiffs, five homeless families with children and a not-for-profit corporation representing the homeless, filed this complaint alleging that the individual plaintiffs have been denied "lawful emergency housing" by the defendant state and city officials. The complaint requests: 1) that plaintiffs be certified, pursuant to Fed.R.Civ.P. 23, as representatives of the class of all homeless families in New York City that have been or will be denied emergency shelter; 2) a declaration that defendants' failure to provide plaintiffs with emergency shelter violates federal and state constitutional, statutory, and regulatory law; and 3) an injunction requiring defendants to provide "lawful emergency housing to meet the needs of plaintiffs." Two other homeless individuals moved for intervention and other relief.

Plaintiffs assert three claims to support the relief they request. The first rests on a maze of federal and state statutes and regulations governing emergency aid to needy families. The second arises from a consent judgment in Callahan, et al. v. Carey, et al., Index No. 4258 2/79 (Sup.Ct., N.Y.Co.), wherein the defendants agreed to provide emergency housing to homeless men. The court subsequently held in Eldredge v. Koch, 118 Misc.2d 163, 459 N.Y.S.2d 960 (Sup.Ct., N.Y.Co.), rev'd on other grounds, 98 A.D.2d 675, 469 N.Y.S.2d 744 (1983), that under the equal protection clause, equivalent facilities must be made available to homeless women as well. Plaintiffs here urge that the equal protection clause also requires the provision of equivalent facilities to homeless families. The third claim is based upon Article XVII Sec. 1 of the New York State Constitution and numerous provisions of New York's Social Services Law.

Defendants moved for an order staying further proceedings in this case pending resolution of the McCain action in state court. In McCain, fourteen homeless plaintiffs sued various governmental officials, including some of the defendants here, seeking class certification and a preliminary injunction ordering a complete overhaul of New York City's system for providing emergency shelter to homeless families. As part of the requested relief, they sought an order "locating and making available additional emergency housing units within New York City so that all families with children in need of emergency housing can immediately obtain such housing in New York City." The state court denied the requested preliminary injunction and class certification, but issued an order requiring the defendants to comply with certain minimum standards in any housing that was provided and to...