CAMPAIGN v. STATE OF NEW YORK


8 N.Y.3d 14 (2006)

861 N.E.2d 50

828 N.Y.S.2d 235

CAMPAIGN FOR FISCAL EQUITY, INC., et al., Appellants-Respondents, v. STATE OF NEW YORK et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided November 20, 2006.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City (Joseph F. Wayland, Daniel H. Tabak, Jason S. Stone, Chad M. Leicht and Lisa H. Rubin of counsel), and Michael A. Rebell Associates (Michael A. Rebell and Molly A. Hunter of counsel) for appellants-respondents.

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

Jay Worona, Latham, and Pilar Sokol for New York State School Boards Association, Inc., amicus curiae.

Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Alan M. Klinger, Adam S. Ross and Beth A. Norton of counsel), and Carol L. Gerstl for United Federation of Teachers, amicus curiae.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Sidney S. Rosdeitcher, Carmen K. Cheung and Evan Norris of counsel), and Jonathan Rosenberg for Association of the Bar of the City of New York, amicus curiae.

Davis Polk & Wardwell, New York City (Sharon Katz, Monica Lamb, Christina C. Lindberg, David B. Toscano and Margaret A. Vining of counsel), for Alliance for Quality Education and others, amici curiae.

Elizabeth R. Fine, New York City, Alvin Bragg, James Caras, Laura Popa and Scheherazade Salimi for Council of the City of New York, amicus curiae.

Community Service Society, New York City (Juan Cartagena and Craig Acorn of counsel), for Adriano Espaillat and others, amici curiae.

Suzanne Novak, New York City, for Brennan Center for Justice at New York University School of Law, amicus curiae.

Michael A. Cardozo, Corporation Counsel, New York City (Leonard Koerner, Alan H. Kleinman, Brad M. Snyder and Elizabeth S. Natrella of counsel), for City of New York, amicus curiae.

Judges ROSENBLATT, READ and SMITH concur with Judge PIGOTT; Judge ROSENBLATT concurs in a separate opinion; Chief Judge KAYE concurs in part and dissents in part in another opinion in which Judge CIPARICK concurs; Judge GRAFFEO taking no part.


OPINION OF THE COURT

PIGOTT, J.

In this third appeal by plaintiffs Campaign for Fiscal Equity, Inc. (CFE), et al., we address the cost of providing children in New York City's public schools with a sound basic education. The State estimated this cost to include a minimum of $1.93 billion, in 2004 dollars, in additional annual operating funds. We conclude that this estimate was a reasonable one and that the courts...

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