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BD. OF EDUC v. NYQUIST

94 Misc.2d 466 (1978)

Board of Education, Levittown Union Free School District, et al., Plaintiffs, and Board of Education, City School District, Rochester, et al., Plaintiffs-Intervenors, v. Ewald B. Nyquist, as Commissioner of Education, et al., Defendants.

Supreme Court, Nassau County.

June 23, 1978

Attorney(s) appearing for the Case

Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll (Daniel P. Levitt, Deirdre A. Carson, Bruce Kaplan, Tracy Sillerman and Allyne Ross of counsel), for plaintiffs. Rauh, Silard & Lichtman (John Silard, Joseph L. Rauh, Jr., Elliott C. Lichtman and Mary Levy of counsel), for plaintiffs-intervenors. Adam Kaufman for Board of Education, Rochester City School District, and another, plaintiffs-intervenors. W. Bernard Richland, Corporation Counsel (James G. Greilsheimer of counsel), for Board of Education, New York City School District, and others, plaintiffs-intervenors. David M. Garber, Corporation Counsel, for Board of Education, Syracuse City School District, and others, plaintiffs-intervenors. Leslie G. Foschio, Corporation Counsel, for Board of Education, Buffalo City School District, and others, plaintiffs-intervenors. Louis J. Lefkowitz, Attorney-General (Amy Juviler and Rosalind Fink of counsel), for defendants.

L. KINGSLEY SMITH, J.

NATURE OF LITIGATION

Within the framework of this litigation are found dual challenges to New York's method of financing elementary and secondary public school education. Proceeding upon separate but related theories, two groups of plaintiffs each seek a judgment declaring that such method of educational financing violates provisions of the Federal and State Constitutions.

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