FISCAL EQUITY v. STATE

Attorney(s) appearing for the Case

Michael A. Rebell Associates, New York City (Michael A. Rebell and Robert L. Hughes of counsel), and Teitelbaum, Hiller, Rodman, Paden & Hibsher, P. C., 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.

Donald Shaffer, New York City, Helen Herskhoff, Arthur Eisenberg and Beth Haroules for American Civil Liberties Union Foundation and others, amici curiae.

DeGraff, Foy, Holt-Harris, Mealey & Kunz, Albany (Robert E. Biggerstaff and Glen P. Doherty of counsel), for New York State Association of Small City School Districts, Inc., amicus curiae.

Majority opinion by Judge CIPARICK and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur; Judge LEVINE concurring in result as to the first cause of action based upon a violation of New York Constitution, article XI, § 1, the Education Article, in a separate opinion; Judge SIMONS dissenting in part and voting not to reinstate the first cause of action in a separate opinion; Judge SMITH dissenting in part and voting to reinstate causes of action on behalf of the municipal plaintiffs as well as the nonmunicipal plaintiffs and to reinstate the second cause of action in its entirety, alleging violations of the Equal Protection Clauses of the Federal and State Constitutions in a separate opinion; and Judge CIPARICK dissenting in part and voting to reinstate causes of action on behalf of the municipal plaintiffs as well as the nonmunicipal plaintiffs and to reinstate the second cause of action insofar as it asserts a violation of the Equal Protection Clause of the State Constitution, for reasons stated in Judge SMITH'S dissenting-in-part opinion; Chief Judge KAYE taking no part.