GRUMET v. PATAKI


244 A.D.2d 31 (1998)

675 N.Y.S.2d 662

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

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

July 9, 1998


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson of counsel), for George Pataki and others, appellants.

George Shebitz & Associates, New York City, and Miller, Cassidy, Larocca & Lewin, L. L. P., Washington, D.C. (Nathan Lewin of counsel), for Board of Education of the Kiryas Joel Union Free School District, appellant.

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

Jay Worona, Albany, for Louis Grumet and others, respondents.

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

Eric W. Treene, Washington, D.C., for Becket Fund for Religious Liberty, amicus curiae.

Dennis Rapps, New York City, for National Jewish Commission on Law and Public Affairs, amicus curiae.

MIKOLL, J. P., MERCURE, PETERS and CARPINELLO, JJ., concur.


SPAIN, J.

The legislation challenged in this action, chapter 390 of the Laws of 1997, is the most recent in a series of attempts by the Legislature to create a constitutionally valid educational program which meets the special education needs of the disabled students residing in the Village of Kiryas Joel, Orange County. The Village, which lies entirely within the boundaries...

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