NY CHARTER SCHOOL v. DiNAPOLI


13 N.Y.3d 120 (2009)

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

Court of Appeals of New York.

Decided June 25, 2009.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City (Joseph F. Wayland of counsel), and Whiteman Osterman & Hanna LLP, Albany (John Henry of counsel), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Andrew D. Bing, Barbara D. Underwood and Zainab A. Chaudhry of counsel), for respondents.

James R. Sandner, Latham, Marilyn Raskin-Ortiz, Frederick K. Reich and Richard E. Casagrande of counsel for New York State United Teachers, amicus curiae.

Judges READ, SMITH and JONES concur with Judge CIPARICK; Chief Judge LIPPMAN concurs in result in a separate opinion; Judge GRAFFEO concurs in result in another opinion in which Judge PIGOTT concurs.


OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are called upon to determine whether the Legislature violated article V, § 1 of the New York State Constitution when it assigned and directed the State Comptroller to audit charter schools. We hold that the Legislature exceeded its constitutional authority by delegating and directing the Comptroller to conduct audits of charter schools. Therefore, the order...

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