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DRIMMER v. BD OF TRS.

98 A.D.2d 132 (1983)

In the Matter of Harold L. Drimmer, as Chairman of The Board of Trustees of Westchester Community College, et al., Appellants, v. Board of Trustees of the State University of New York et al., Respondents

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

December 29, 1983

Attorney(s) appearing for the Case

Lester D. Steinman and Lovett & Gould (Jonathan Lovett of counsel), for appellants.

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for respondents.

SWEENEY, J. P., CASEY and WEISS, JJ., concur with KANE, J.; MIKOLL, J., dissents and votes to reverse in a separate opinion.

KANE, J.

Section 6304 of the Education Law governs State financing of local community colleges. Subdivision 1 of section 6304 was amended in 1970 to provide an increase in State operating aid reimbursement to any community college implementing an acceptable "Full Opportunity Program" (L 1970, ch 811). Pursuant to this amendment, State financial aid was increased from 33 1/3% to 40% of a college's "operating...

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