CAMPAIGN FOR FISCAL EQUITY, INC., et al., Respondents,
v.
STATE OF NEW YORK et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 25, 2002.
June 25, 2002.
Attorney(s) appearing for the Case
Joseph F. Wayland and Michael A. Rebell of counsel (David E. Massengill, William T. Russell, Jr., Kenneth G. Crowley, Jonathan K. Youngwood, Daniel H. Tabak, Elaine M. Divelbliss, Nihara K. Choudhri, Jason S. Stone and Molly A. Hunter on the brief; Simpson Thacher & Bartlett and Michael A. Rebell Associates, attorneys), for respondents.
Mark Gimpel of counsel (Caitlin J. Halligan, Melanie L. Oxhorn, Allison Penn, Deon J. Nossel, Sachin Pandya and David Lawrence, III on the brief; Eliot Spitzer, Attorney General, attorney), for appellants.
Robert E. Biggerstaff of counsel (Glen P. Doherty and Scott C. Paton on the brief; DeGraff, Foy, Holt-Harris & Kunz, LLP, attorneys), for New York State Coalition For 853 Schools, Inc. and another, amici curiae.
Denise C. Morgan, University of Michigan Law School, for Black, Puerto Rican and Hispanic Legislative Caucus and others, amici curiae.
Jay Worona and Pilar Sokol for New York State School Boards Association, Inc. and another, amici curiae.
Benjamin J. Ferrara of counsel (Norman H. Gross on the brief; Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., attorneys), for Midstate School Finance Consortium, amicus curiae.
Patricia T. Northrop of counsel (Christopher H. Withers on the brief; Davis Polk & Wardwell, attorneys), for Association For the Help of Retarded Children and others, amici curiae.
Jeremy M. Creelan and Will Wade-Gery for Association of the Bar of the City of New York, amicus curiae.
Sandra Del Valle and Michael N. Levy of counsel (Kathy L. Cooper on the brief; Puerto Rican Legal Defense & Education Fund and Swidler Berlin Shereff Friedman, LLP, attorneys), for Puerto Rican Legal Defense & Education Fund and others, amici curiae.
Steven Sanders of counsel, for New York State Assembly Standing Committee on Education, amicus curiae.
Norman Redlich of counsel (John F. Lynch and David B. Lat on the brief; Wachtell, Lipton, Rosen & Katz, attorneys), for American Jewish Committee and others, amici curiae.
Alan M. Klinger of counsel (Adam S. Grace on the brief; Stroock & Stroock & Lavan LLP and Carol L. Gerstl, attorneys), for United Federation of Teachers, amicus curiae.
BUCKLEY and SULLIVAN, JJ., concur with LERNER, J.; TOM, J.P., concurs in a separate opinion; and SAXE, J., dissents in part in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
LERNER, J.
The "sound basic education" standard enunciated by the Court of Appeals in Campaign for Fiscal Equity v State of New York (86 N.Y.2d 307) requires the State to provide a minimally adequate educational opportunity, but not, as the IAS court held, to guarantee some higher, largely unspecified level of education, as laudable as that goal might be. Since the court, after a trial of the...
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