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PAYNTER v. STATE OF NY

290 A.D.2d 95 (2001)

735 N.Y.S.2d 337

AMBER PAYNTER, by Her Parent and Natural Guardian, MONA STONE, et al., on Behalf of Themselves and All Others Similarly Situated, Appellants-Respondents, v. STATE OF NEW YORK et al., Respondents-Appellants, and AVON CENTRAL SCHOOLS et al., Respondents.

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

December 21, 2001.

Attorney(s) appearing for the Case

Trevett Lenweaver & Salzer, P. C., Rochester (James C. Gocker of counsel), for Amber Paynter, plaintiff-appellant-respondent.

Eliot Spitzer, Attorney General, Rochester (Jane Ann Conrad of counsel), for State of New York, defendant-respondent-appellant.

Harter Secrest & Emery, Buffalo (Carol E. Heckman of counsel), for Rochester City School District, respondent.

Harris Beach, L. L. P., Rochester (Daniel J. Moore of counsel), for Avon Central Schools, respondent.

Lacy Katzen Ryen Mittleman, Rochester (Richard Glen Curtis of counsel), for Byron-Bergen Central School District, respondent.

Bruce H. Schneider, New York City, for NAACP Legal Defense and Educational and another, intervenors-respondents.

HAYES, SCUDDER and KEHOE, JJ., concur with WISNER, J.; GREEN, J. P., dissents in part in a separate opinion.

OPINION OF THE COURT

WISNER, J.

Plaintiffs commenced this action, individually and on behalf of other students in the Rochester City School District (RCSD), alleging that they are being deprived of a sound basic education by a system of public education that results in the concentration of poor and minority students within RCSD. Although we are sympathetic to the efforts of the parents of these students to secure the best education possible for their children...

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