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IN THE MATTER OF NEW YORK CHARTER SCHOOLS ASSOCIATION, INC. v. DINAPOLI

20 Misc.3d 235 (2008)

857 N.Y.S.2d 450

In the Matter of NEW YORK CHARTER SCHOOLS ASSOCIATION, INC., et al., Petitioners-Plaintiffs, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York, et al., Respondents-Defendants.

Supreme Court, Albany County.

April 29, 2008.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, LLP, Albany (John J. Henry, Christopher W. Meyer and Christopher M. McDonald of counsel), for petitioners-plaintiffs.

Andrew M. Cuomo, Attorney General, Albany (Adrienne J. Kerwin of counsel), for respondents-defendants.

James R. Sander, Latham (Richard E. Casagrandre of counsel), for New York State United Teachers, amicus curiae.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

This is a combined CPLR article 78 proceeding and action by which petitioners-plaintiffs (petitioners) seek a judgment: (1) declaring that the State Comptroller lacks authority to audit charter schools, and that the legislative direction to conduct such audits, set forth in General Municipal Law § 33 (2) and Education Law § 2854 (1) (c), was enacted in violation of article V, § 1 of the New York...

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