Board of Education, Levittown Union Free School District et al., Respondents-Appellants, and Board of Education, City School District, Rochester et al., Intervenors-Respondents,
v.
Ewald B. Nyquist, as Commissioner of Education, et al., Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
October 26, 1981
October 26, 1981
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (Shirley Adelson Siegel, Amy Juviler, Rosalind S. Fink, Robert L. Schonfeld, Clement H. Berne and Evelyn Tenenbaum of counsel), for appellants-respondents.
Kramer, Lowenstein, Nessen, Kamin & Soll (Daniel P. Levitt and Alan Jay Stein of counsel), for respondents-appellants.
John Silard, Joseph L. Rauh, Jr., Elliott C. Lichtman and Mary M. Levy (Rauh, Silard & Lichtman) for intervenors-respondents. (Adam Kaufman for Rochester Board of Education; Allen G. Schwartz, New York City Corporation Counsel [James G. Greilsheimer and Doron Gopstein] of counsel; David M. Garber, Syracuse Corporation Counsel; and Joseph P. McNamara, Buffalo Corporation Counsel).
Shearman & Sterling (Wayne D. Collins, William M. Kelly and Dennis P. Orr of counsel), for Public Education Association and others, amici curiae.
GIBBONS, J., concurs with LAZER, J.; WEINSTEIN, J., concurs in a separate opinion; HOPKINS, J. P., concurs in part and dissents in part in another opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
LAZER, J.
The educational command of New York's Constitution is simple and direct: "The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of the state may be educated."1 That simple sentence comprises the essential constitutional underpinning for a multifaceted fiscal and administrative structure encompassing a central...
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