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CITY SCH DIST. v. CO. OF CHEMUNG

54 A.D.2d 231 (1976)

City School District of the City of Corning et al., Plaintiffs, v. County of Chemung, Defendant

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

November 10, 1976

Attorney(s) appearing for the Case

Harry Treinin for plaintiffs.

Louis J. Mustico for defendant.

Walter J. Relihan, Jr. (Joyce Yaple Villa of counsel), amicus curiae for State University of New York.

MAIN and HERLIHY, JJ., concur with GREENBLOTT, J. P.; KANE and REYNOLDS, JJ., dissent and vote to dismiss in an opinion by KANE, J.

GREENBLOTT, J. P.

Subdivision 2 of section 6305 of the Education Law allows community colleges to recover certain costs from other counties within the State that send students to the college. This controversy concerns capital costs incurred to provide facilities in which such nonresident students can be accommodated. Prior to a recent amendment, effective September 1, 1975, the community college could recover...

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