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CIV. LIBERTIES UNION v. STATE

4 N.Y.3d 175 (2005)

824 N.E.2d 947

791 N.Y.S.2d 507

NEW YORK CIVIL LIBERTIES UNION et al., Appellants, v. STATE OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided February 15, 2005.

Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City (Arthur N. Eisenberg, Christopher Dunn and Donald Shaffer of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Denise A. Hartman, Caitlin J. Halligan and Daniel Smirlock of counsel), for respondents.

Patterson, Belknap, Webb & Tyler LLP, New York City (Phyllis S. Wallitt, Catherine A. Williams and Eugene M. Gelernter of counsel), for Alliance for Quality Education and others, amici curiae.

Before: Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur; Judges READ and R.S. SMITH concur only in result.

OPINION OF THE COURT

Chief Judge KAYE.

Plaintiffs bring suit against the State and its agencies responsible for education, alleging that students in 27 named schools outside of New York City are being denied the opportunity for a sound basic education.1 Although plaintiffs raise two separate claims, one alleging a constitutional violation and the other a regulatory violation, both...

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