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IN THE MATTER OF COUNTY OF WESTCHESTER v. BOARD OF TRUSTEES OF STATE UNIVERSITY OF NEW YORK

9 N.Y.3d 833 (2007)

872 N.E.2d 858

840 N.Y.S.2d 746

In the Matter of COUNTY OF WESTCHESTER et al., Appellants, v. BOARD OF TRUSTEES OF STATE UNIVERSITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided June 28, 2007.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney, White Plains (Mary Lynn Nicolas-Brewster of counsel), for Westchester County, appellant.

Cadwalader, Wickersham & Taft, LLP, New York City (Kathy H. Chin of counsel), for New York State Association of Counties, appellant.

Andrew M. Cuomo, Attorney General, Albany (Nancy A. Spiegel, Barbara D. Underwood, Daniel Smirlock and Peter H. Schiff of counsel), for respondent.

Ingerman Smith, LLP, Hauppauge (John H. Gross and Susan E. Fine of counsel), for Board of Trustees of Nassau Community College, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, to declare that the regulations at issue are not inconsistent with Education Law § 6304 (6), and, as so modified, affirmed.

Petitioners, the County of Westchester—the local sponsor of Westchester Community College—and the New York State Association of Counties, in a combined CPLR article 78 proceeding/declaratory judgment action...

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