GRUMET v. BD. OF EDUC.


81 N.Y.2d 518 (1993)

618 N.E.2d 94

601 N.Y.S.2d 61

Louis Grumet, Individually and as Executive Director of the New York State School Boards Association, Inc., et al., Respondents, v. Board of Education of the Kiryas Joel Village School District et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1993.


Attorney(s) appearing for the Case

Nathan Lewin and Lisa D. Burget, of the District of Columbia Bar, admitted pro hac vice, and DeLorenzo, Gordon, Pasquariello, Weiskopf & Harding, P. C., Schenectady (Eric A. Tepper of counsel), for Board of Education of the Kiryas Joel Village School District, appellant.

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich & Scricca, Northport (Lawrence W. Reich of counsel), for Board of Education of the Monroe-Woodbury Central School District, appellant.

Jay Worona, Slingerlands, and Pilar Sokol for respondents.

Robert Abrams, Attorney-General, Albany (Julie S. Mereson, Jerry Boone and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71.

Marc D. Stern, New York City, and Lois C. Waldman for the American Jewish Congress, amicus curiae.

Gary J. Simson, Ithaca, and Glenn G. Galbreath for the Anti-Defamation League, amicus curiae.

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

Bernard F. Ashe, Albany, Gerard John De Wolf and Rocco A. Solimando for New York State United Teachers, amicus curiae.

Chief Judge KAYE and Judges SIMONS and HANCOCK, JR., concur with Judge SMITH; Chief Judge KAYE and Judge HANCOCK, JR., concur in separate concurring opinions; Judge BELLACOSA dissents and votes to reverse in another opinion in which Judge TITONE concurs.


SMITH, J.

Plaintiffs, citizen taxpayers of this State, maintained this action against defendants Board of Education of the Kiryas Joel Village School District and Board of Education of the Monroe-Woodbury Central School District, challenging the enactment of chapter 748 of the Laws of 1989. That statute established a separate public school district in and for the Satmarer Hasidic Village of Kiryas Joel, Orange...

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