PAYNTER v. STATE OF NY


187 Misc.2d 227 (2000)

720 N.Y.S.2d 712

AMBER PAYNTER et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. STATE OF NEW YORK et al., Defendants.

Supreme Court, Monroe County.

November 14, 2000.


Attorney(s) appearing for the Case

Trevett, Lenweaver & Salzer, P. C. (James C. Gocker of counsel), for plaintiffs.

Eliot Spitzer, Attorney General (Jane A. Conrad of counsel), for State of New York and others, defendants.

Harris Beach & Wilcox, L. L. P. (Daniel J. Moore of counsel), for Avon Central Schools and others, defendants.

Harter, Secrest & Emery, L. L. P. (Carol E. Heckman of counsel), for Rochester City School District, defendant.


OPINION OF THE COURT

JOHN J. ARK, J.

Preamble

One cannot overstate either the disturbing circumstance of the Rochester City School District or its pivotal importance to our community. Without a vital education system, the City of Rochester withers and our county is very much diminished. However, the court's role is neither to set nor change education policy, but to remedy, where necessary and possible, deprived constitutional or statutory rights...

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