GRUMET v. CUOMO


225 A.D.2d 4 (1996)

647 N.Y.S.2d 565

Louis Grumet et al., Appellants, v. Mario Cuomo, as Governor of The State of New York, et al., Respondents

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

August 26, 1996


Attorney(s) appearing for the Case

Jay Worona and Pilar Sokol, Albany, for Louis Grumet and another, appellants.

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson and Daniel Smirlock of counsel), for Mario Cuomo, respondent.

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

George H. Barber, Albany, for Kiryas Joel Board of Education, respondent.

Covington & Burling, Washington, D.C. (David B. Isbell and Michael L. Rosenthal of counsel), for National Committee for Public Education & Religious Liberty, amicus curiae.

Marc D. Stern, New York City, for The American Jewish Congress, amicus curiae.

Donna M. C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

George Shebitz & Associates, P. C., New York City (George Shebitz, Nahal Motamed and Julia Cohen of counsel), for Kiryas Joel Parent Teacher Association, amicus curiae.

MIKOLL, J. P., WHITE and CASEY, JJ., concur with MERCURE, J.; SPAIN, J., dissents in a separate opinion.


MERCURE, J.

I

The Village of Kiryas Joel (hereinafter Village) in Orange County is a religious enclave of Satmar Hassidim, practitioners of a strict form of Judaism. The boundaries of the Village were intentionally drawn in such a way as to exclude all but Satmars. Living a purposely insular existence, the Satmars have adopted distinctive dress, have no radios or televisions and eschew spoken and written...

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