Board of Education, Levittown Union Free School District et al., Respondents-Appellants, and Board of Education, City School District, Rochester et al., Intervenors-Respondents-Appellants,
v.
Ewald B. Nyquist, as Commissioner of Education, et al., Appellants-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 10, 1982.
Decided June 23, 1982.
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (Amy Juviler, Shirley Adelson Siegel, Clement H. Berne and Evelyn Tenenbaum of counsel), for appellants-respondents.
Daniel P. Levitt, Edward H. Rosenthal and Miriam R. Best for respondents-appellants.
John Silard and Adam Kaufman for Rochester Board of Education; Frederick A. O. Schwarz, Jr., New York City Corporation Counsel (Doron Gopstein of counsel); David M. Garber, Syracuse Corporation Counsel, and Joseph P. McNamara, Buffalo Corporation Counsel, for intervenors-respondents-appellants.
Peter M. Fishbein, Michael D. Blechman, Daniel D. Chazin and Michael Starr for 85 public school districts, amici curiae.
Joseph T. McLaughlin, William M. Kelly, Dennis P. Orr and Daniel Levin for the Public Education Association and others, amici curiae.
Jack Greenberg, Steven L. Winter and Nancy A. Kilson for the NAACP Legal Defense and Educational Fund, Inc.; Jeffry H. Gallet for the New York Metropolitan Council of the American Jewish Congress, and Kevin Kearney for the Department of Education, Diocese of Brooklyn, amici curiae.
John F. Haggerty and Michael R. Lanzarone for Warren M. Anderson, amicus curiae.
Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and MEYER concur with Judge JONES; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.
Court of Appeals of the State of New York.
JONES, J.
The present amalgam of statutory prescriptions for State aid to local school districts for the maintenance and support of public elementary and secondary education does not violate the equal protection clause of either the Federal or the State Constitution nor is it unconstitutional under the education article of our State Constitution.
This declaratory judgment action challenging the State's...
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