GRUMET v. CUOMO


90 N.Y.2d 57 (1997)

681 N.E.2d 340

659 N.Y.S.2d 173

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

Court of Appeals of the State of New York.

Decided May 6, 1997.


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson, Barbara G. Billet and Peter H. Schiff of counsel), for Mario Cuomo and others, appellants.

Ingerman Smith, L. L. P., Northport (Lawrence W. Reich of counsel), for Board of Education of the Monroe-Woodbury Central School District, appellant.

George H. Barber, Albany, for Board of Education of the Kiryas Joel Village School District, appellant.

Jay Worona, Albany, and Shaw & Perelson, L. L. P., Poughkeepsie (Pilar Sokol of counsel), for respondents.

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

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

Covington & Burling (David B. Isbell and Michael L. Rosenthal, of the District of Columbia Bar, admitted pro hac vice, of counsel), for National Pearl, amicus curiae.

George Shebitz & Associates, P. C., New York City (George Shebitz, Nahal Motamed and Julia Cohen of counsel), for Kiryas Joel Parents and Teachers Association and others, amici curiae.

Willkie Farr & Gallagher, New York City (Eliott M. Berman of counsel), and Dennis Rapps for National Jewish Commission on Law and Public Affairs (COLPA), amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.


CIPARICK, J.

In this case, the Court is called upon to adjudicate yet another facet of a continuing public controversy involving at its center the provision of educational services to the disabled children of the Village of Kiryas Joel in Orange County. Last time, the Court invalidated chapter 748 of the Laws of 1989, which carved out a separate school district for the Village. We held that chapter 748...

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