AMBER PAYNTER, by Her Parent and Natural Guardian, MONA STONE, et al., on Behalf of Themselves and All Others Similarly Situated, Appellants,
v.
STATE OF NEW YORK et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 8, 2003.
Decided June 26, 2003.
Attorney(s) appearing for the Case
James C. Gocker, Rochester, Public Interest Law Office of Rochester (Jonathan Feldman and Bryan D. Hetherington of counsel), and Greater Upstate Law Project (Edwin J. Lopez-Soto, Ellen Yacknin and Steven Brown of counsel), for appellants.
Eliot Spitzer, Attorney General, Albany (Denise A. Hartman, Caitlin Halligan, Daniel Smirlock, Peter H. Schiff and Jane A. Conrad of counsel), for State of New York and others, respondents.
Harris Beach LLP, Pittsford (Daniel J. Moore and John T. Refermat of counsel), for Avon Central Schools and others, respondents.
Blitman & King LLP, Rochester (Jules L. Smith of counsel), and James E. Ryan for Rochester Teachers Association, amicus curiae.
Stroock & Stroock & Lavan LLP, New York City (Bruce H. Schneider, Kevin J. Curnin, Joseph E. Strauss and Meredith L. Codlin of counsel), for NAACP Legal Defense and Educational Fund, Inc., and another, amici curiae.
Linda S. Kingsley, Corporation Counsel, Rochester, and John C. Brittain, Houston, Texas, for City of Rochester, amicus curiae.
Judges CIPARICK, ROSENBLATT and GRAFFEO concur with Chief Judge KAYE; Judge READ concurs in result only; Judge SMITH dissents in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
This appeal, like Campaign for Fiscal Equity v State of New York (100 N.Y.2d 893 [2003] [decided today] [CFE II]), claims that the State failed in its promise, made in the Education Article of the State Constitution, to afford its children the opportunity for a sound basic education (NY Const, art XI, § 1).
This appeal is unlike CFE II geographically...
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