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NY CHARTER SCHOOLS ASSOC., INC. v. DiNAPOLI

60 A.D.3d 119 (2009)

871 N.Y.S.2d 497

In the Matter of NEW YORK CHARTER SCHOOLS ASSOCIATION, INC., et al., Respondents, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 15, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), for appellants.

Whiteman, Osterman & Hanna, L.L.P., Albany (John J. Henry of counsel), for respondents.

James R. Sander, New York State United Teachers, Latham, for New York State United Teachers, amicus curiae.

PETERS, J.P., KANE and KAVANAGH, JJ., concur with LAHTINEN, J.; ROSE, J., dissents in a separate opinion.

OPINION OF THE COURT

LAHTINEN, J.

The primary issue before us on appeal is whether legislation directing respondent Comptroller to audit charter schools violated NY Constitution, article V, § 1. Charter schools were authorized by laws enacted in 1998 (see L 1998, ch 4; Education Law art 56), and there were about 100 charter schools operating in the state when this action was commenced.1 In 2005, legislation containing...

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