McCAIN v. GIULIANI

The prior orders prohibiting overnight stays by homeless families in EAUs without placement ( see, McCain v Dinkins, 192 AD2d 217, 218-219, mod on other grounds 84 NY2d 216) were direct, valid orders, and the municipal defendants were required to obey them ( see, Seril v Belnord Tenants Assn., 139 AD2d 401), regardless of any good-faith belief as to their invalidity ( see, Sigmoil Resources v Fabbri, 228 AD2d 335). Given this Court's ruling that overnight EAU stays are "intolerable" ( McCain v Dinkins, supra, 192 AD2d, at 218) and that of the Court of Appeals that such "are not permissible" ( supra, 84 NY2d, at 227), the IAS Court was not obliged to defer to a determination by the State defendant that stays in EAUs of up to 48 hours are acceptable. The evidence supports the IAS Court's conclusion that the malfunctions and limitations of the DHS Hotline prevent it from serving any valid objective. We have considered appellants' remaining arguments and find them to be without merit.