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MATTER OF POLMANTEER v. BOBO

19 A.D.3d 69 (2005)

794 N.Y.S.2d 171

In the Matter of SCOTT POLMANTEER, as Natural Father of NICHOLAS POLMANTEER, an Infant, et al., Respondents-Appellants, v. DEBORAH BOBO, as District Superintendent of Cato-Meridian Central School District, et al., Appellants-Respondents.

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

April 29, 2005.

Attorney(s) appearing for the Case

Matthew R. Fletcher, Cayuga, for appellants-respondents.

Andrew S. Fusco, Auburn, for respondents-appellants.

Jay Worona, Latham, for New York State School Boards Association, Inc., and another, amici curiae.

Douglas E. Gerhardt, Albany, for New York State Council of School Superintendents, amicus curiae.

MARTOCHE, SMITH and PINE, JJ., concur with KEHOE, J.P.; GORSKI, J., dissents in part in a separate opinion.

OPINION OF THE COURT

KEHOE, J.P.

In this CPLR article 78 proceeding, we are asked to interpret Education Law § 2023 (1), which provides in pertinent part:

"If the qualified voters shall neglect or refuse to vote the sum estimated necessary for teachers' salaries, . . . or if they shall neglect or refuse to vote the sum estimated necessary for ordinary contingent expenses, including...

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