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CITY OF NY v. STATE OF NY

86 N.Y.2d 286 (1995)

655 N.E.2d 649

631 N.Y.S.2d 553

City of New York et al., Appellants, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 15, 1995.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Leonard Koerner, Lorna B. Goodman, Pamela Seider Dolgow, David B. Goldin, Elizabeth S. Natrella, Florence A. Hutner and Shari M. Goodstein of counsel), and Cleary, Gottlieb, Steen & Hamilton, New York City (Evan A. Davis, Lawrence T. Gresser, Denise C. Morgan and Marcia L. Narine of counsel), for appellants.

Dennis C. Vacco, Attorney-General, New York City (Mark G. Peters, Victoria A. Graffeo, Andrea Green, Harvey J. Golubock, Jeffrey I. Slonim and Clement J. Colucci of counsel), for respondents.

Stroock & Stroock & Lavan, New York City (Alan M. Klinger and Adam S. Grace of counsel), Rhonda Weingarten and Frederick K. Reich for United Federation of Teachers, amicus curiae.

Judges SIMONS, TITONE and BELLACOSA concur with Judge LEVINE; Judge CIPARICK dissents in a separate opinion in which Judge SMITH concurs; Chief Judge KAYE taking no part.

LEVINE, J.

The City of New York, Board of Education of the City, its Mayor and Chancellor of the City School District (hereinafter the municipal plaintiffs) have brought this action against the State and various State officials seeking declaratory and injunctive relief. They allege three causes of action in their amended complaint: (1) that the present State statutory scheme for funding public education denies...

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