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CITY SCH. DIST. OF CORNING v. COUNTY OF CHEMUNG

43 N.Y.2d 408 (1977)

City School District of the City of Corning et al., Respondents, v. County of Chemung, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Louis J. Mustico, County Attorney for appellant.

Harry Treinin for respondents.

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

Judges JASEN, JONES and FUCHSBERG concur with Judge COOKE; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge WACHTLER concur.

COOKE, J.

Any city, county, intermediate school district, or school district approved by the State University trustees may, alone or in combination with other local sponsors, establish a community college (see, generally, Education Law, §§ 6301, 6302). Each college, in addition to admitting the residents of local sponsors, is required to admit students who live in other counties (§ 6305, subd 1...

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