Case Developments & Key Legal Documents

Callahan v. Carey, Index No. 42582/1979  

Judge: Hon. Gerald Lebovits
Courthouse: 60 Centre Street – Part 7, Room 345 in Manhattan

Upcoming 

TBD

Past  

• Court Conference: March 15, 2024 at 2:15pm
  Court enters Settlement between Plaintiffs and Defendant City that both ends the City’s efforts to dismantle the legal Right to Shelter and provides temporary crisis plan to address the needs of asylum seekers and other new arrivals. (Read transcript of hearing here.)
• Court Conference: October 19, 2023
  Court directed parties into mediation. The parties agreed upon a schedule for meetings to occur. There were no further Court conference dates set or rulings issued by the Court. 
• Defendant City’s Responsive Filing: October 18, 2023
  Response to Plaintiff’s October 11 letter to the Court
• Plaintiff’s Responsive Filing: October 18, 2023
  Response to State’s October 11 letter to the Court
• Plaintiff’s Responsive Filing: October 11, 2023
  Response to City’s October 3 letter to the Court
• Defendant State’s Responsive Filing: October 11, 2023
  Response to City’s October 3 letter to the Court
• Defendant City’s Filing: October 3, 2023 
  City Letter updating request to modify Callahan
• Court Conference: September 26, 2023
  The Court permitted Defendant City to submit a letter to the Court detailing its further revised request to file a motion seeking modifications to the consent decree. The deadline for that letter is October 3.  The Court set October 11 as the deadline for Plaintiff and Defendant State to submit any responses to Defendant City’s letter and October 18 as the deadline for any of the parties to reply to those responses. Judge Edwards also recused herself from this case and noted that a new judge will be assigned who will receive these letters and set the next Court conference. 
• Court Conference: August 23, 2023
  Court ordered parties to continue negotiations. 
• Court Conference: August 4, 2023
  Court ordered the City to submit a proposal to the State by August 9, 2023, identifying the resources and facilities owned, operated and/or controlled by the State which are necessary to assist the City comply with the consent decree in Callahan v. Carey, and the State was directed to respond to this proposal by August 15, 2023. 

Defendant City’s Letter
Defendant State’s Response
Defendant City’s Response

• Plaintiff’s Filing: August 2, 2023
  In the aftermath of hundreds of individuals sleeping on the streets outside the Arrival Center, Plaintiff filed an application with the Court seeking leave to bring a motion to enforce Callahan. 
• Court Conference: July 19, 2023
  Court acknowledged the ongoing negotiations and encouraged the parties to continue trying to work things out.  No court rulings issued. Next court date scheduled for August 16^th with the possibility of rescheduling if the parties are continuing to make progress and need more time to negotiate. 
• Plaintiff’s Responsive Filing: July 18, 2023
  Response to City’s July 17 letter to the Court 
• Defendant City’s Filing: July 17, 2023
  City letter updating request to modify Callahan
• Plaintiff’s Responsive Filing: May 25, 2023
  Response to City’s May 23 filing 
• Defendant City’s Filing: May 23, 2023
  City Letter to Court initiating current litigation