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CHARTER DEV. CO. v. BUFFALO

6 N.Y.3d 578 (2006)

848 N.E.2d 460

815 N.Y.S.2d 13

In the Matter of CHARTER DEVELOPMENT COMPANY, L.L.C., Appellant, v. CITY OF BUFFALO et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 2006.

Attorney(s) appearing for the Case

Hinman Straub P.C., Albany (James T. Potter and David W. Novak of counsel), for appellant.

Michael B. Risman, Corporation Counsel, Buffalo (Alan P. Gerstman of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

In 1998, the Legislature enacted the New York Charter Schools Act (L 1998, ch 4), codified in Education Law §§ 2850 to 2857, which authorized "a system of charter schools to provide [educational] opportunities for teachers, parents, and community members" (§ 2850 [2]). Education Law § 2853 (1) (d) provides in pertinent part that "[a] charter school shall...

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