BD. OF EDUC. v. SUNY TRUSTEES


282 A.D.2d 166 (2001)

723 N.Y.S.2d 262

In the Matter of BOARD OF EDUCATION OF THE ROOSEVELT UNION FREE SCHOOL DISTRICT et al., Appellants, v. BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK et al., Respondents.

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

April 19, 2001.


Attorney(s) appearing for the Case

Jaspan, Schlesinger & Hoffman, L. L. P., Garden City (Stanley A. Camhi of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Alicia R. Ouellette of counsel), for Board of Trustees of the State University of New York and others, respondents.

MERCURE, J. P., PETERS, SPAIN and ROSE, JJ., concur.


OPINION OF THE COURT

CARPINELLO, J.

This combined CPLR article 78 proceeding and declaratory judgment action stems from the issuance of a charter permitting respondent Roosevelt Children's Academy Charter School, Inc. (hereinafter the Academy Charter School) to organize and operate a charter school within the geographic boundary of the Roosevelt Union Free School District (hereinafter the District). Petitioner Board of Education of the District (hereinafter...

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