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
March 23, 2006.
March 23, 2006.
Attorney(s) appearing for the Case
Eliot Spitzer, Attorney General, Albany (Denise A. Hartman, Caitlin J. Halligan and Daniel Smirlock of counsel), for appellants.
Simpson Thacher & Bartlett LLP, New York City (Joseph F. Wayland, Jason S. Stone and Chad M. Leicht of counsel), and Michael A. Rebell Associates, New York City (Michael A. Rebell and Martha J. Olson of counsel), for respondents.
Davis Polk & Wardwell, New York City (Sharon Katz, David B. Toscano, John T. Adams and Margaret A. Vining of counsel), for Alliance for Quality Education, amicus curiae.
Jeremy Creelan, New York City (Samuel Munger of counsel), for Brennan Center for Justice at New York University School of Law, amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Alan H. Kleinman, Leonard Koerner, Brad M. Snyder and Elizabeth S. Natrella of counsel), for City of New York, amicus curiae.
Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Faith A. Kaminsky and Adam S. Ross of counsel), and Carol L. Gerstl, New York City, for United Federation of Teachers, amicus curiae.
SULLIVAN and MALONE, JJ., concur with BUCKLEY, P.J.; TOM and SAXE, JJ., dissent in a separate opinion by SAXE, J.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
BUCKLEY, P.J.
This is the third appeal to this Court arising from plaintiffs' challenge to the State's funding of the New York City school system under the Education Article of the New York Constitution (art XI, § 1).
We hold that the State, in enacting a budget for the fiscal year commencing April 1, 2006, must appropriate the constitutionally required funding for the New...
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