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COUNTY OF WESTCHESTER v. NEW YORK

Docket No. 01-7523.

286 F.3d 150 (2002)

COUNTY OF WESTCHESTER, County of Sullivan, New York State Association of Counties and Andrew J. Spano, in his capacity as County Executive of the County of Westchester and as a resident taxpayer of the County of Westchester, Plaintiffs-Appellants, v. The State of NEW YORK, New York State Board of Regents, New York State Education Department and Richard P. Mills, as Commissioner of the New York State Education Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 5, 2002.

Attorney(s) appearing for the Case

Linda Trentacoste, Senior Assistant County Attorney, White Plains, N.Y. (Charlene M. Indelicato, Westchester County Attorney, on the brief), for Plaintiff-Appellants County of Westchester and Spano.

Thomas J. Cawley, Assistant County Attorney, Monticello, N.Y. (Ira J. Cohen, Sullivan County Attorney, on the brief), for Plaintiff-Appellant County of Sullivan.

Stephen J. Acquario, General Counsel, New York State Association of Counties, Albany, NY, for Plaintiff-Appellant New York State Association of Counties.

Andrea Oser, Assistant Solicitor General, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Daniel Smirlock Deputy Solicitor General and Nancy A. Spiegel, Assistant Solicitor General, on the brief), for Defendants-Appellees.

Before McLAUGHLIN, F.I. PARKER, POOLER, Circuit Judges.

PER CURIAM.

Plaintiffs-appellants the County of Westchester, the County of Sullivan, the New York State Association of Counties and Andrew Spano, the Westchester County Executive (collectively, the "Counties") appeal from the judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge), dated March 26, 2001, dismissing in its entirety their complaint challenging aspects of New York State's statutory...

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