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CATHEDRAL ACAD. v. STATE

47 A.D.2d 390 (1975)

Cathedral Academy, Appellant, v. State of New York, Respondent. (Claim No. 56557.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 24, 1975

Attorney(s) appearing for the Case

Davis, Polk & Wardwell (Richard E. Nolan, Thomas J. Aquilino, Jr., and Lowell Gordon Harris of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon, Ruth Kessler Toch and Kenneth J. Connolly of counsel), for respondent.

SWEENEY and KANE, JJ., concur with GREENBLOTT, J.; HERLIHY, P. J., and LARKIN, J., dissent and vote to reverse in separate opinions.

GREENBLOTT, J.

By chapter 138 of the Laws of 1970, the New York State Legislature enacted the Mandated Services Act which provided that for school years beginning after July 1, 1970 qualifying nonpublic elementary and secondary schools would be reimbursed for the expenses incurred in providing various testing, record-keeping and related services which were required to be performed by separate statutory provision...

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