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NYS SCH. BDS ASSN v. SOBOL

79 N.Y.2d 333 (1992)

New York State School Boards Association, Appellant, v. Thomas Sobol, as New York State Commissioner of Education, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Jay Worona and Pilar Sokol for appellant.

Elizabeth R. Koepcke, Lizette A. Cantres and Roberts Abrams, Attorney-General (Daniel Smirlock of counsel), for respondents.

Stanley Geller for Committee for Public Education and Religious Liberty, amicus curiae.

Deborah Goldberg, Donna Lieberman, Arthur N. Eisenberg, Laurie R. Rockett, William B. Rubenstein, of the Pennsylvania and District of Columbia Bars, admitted pro hac vice, Ruth E. Harlow and Janet Benshoof for New York Civil Liberties Union and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and HANCOCK, JR., concur with Judge BELLACOSA; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge ALEXANDER concurs.

BELLACOSA, J.

Plaintiff New York State School Boards Association (Association) appeals as of right on Establishment Clause constitutional grounds (US Const 1st Amend). The Appellate Division order upheld the State Education Department regulations which mandate the inclusion of "representatives from religious organizations" on advisory councils in public school development of education and instruction programs...

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