ARISTY-FARER v. STATE

No. 75.

29 N.Y.3d 501 (2017)

81 N.E.3d 360

58 N.Y.S.3d 877

2017 NY Slip Op 05175

MIRIAM ARISTY-FARER et al., Respondents, v. STATE OF NEW YORK et al., Appellants. NEW YORKERS FOR STUDENTS' EDUCATIONAL RIGHTS ("NYSER") et al., Respondents, v. STATE OF NEW YORK et al., Appellants.

Court of Appeals of New York.

Decided June 27, 2017.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Andrew W. Amend , Barbara D. Underwood , Steven C. Wu and Philip V. Tisne of counsel), for appellants.

Michael A. Rebell , New York City and Morgan, Lewis & Bockius LLP, New York City ( Douglas T. Schwarz , John A. Vassallo, III , Peter Shadzik and Michael E. Tracht of counsel), for respondents.

Chief Judge DIFIORE and Judges STEIN, FAHEY and GARCIA concur; Judge RIVERA concurs in part and dissents in part in an opinion; Judge FEINMAN taking no part.


OPINION OF THE COURT

Since 1894, the New York State Constitution has mandated that "[t]he legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated" (art XI, § 1). This Court gave...

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