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MATTER OF FULTON-MONTGOMERY v. SARATOGA

508164.

80 A.D.3d 217 (2010)

912 N.Y.S.2d 702

In the Matter of FULTON-MONTGOMERY COMMUNITY COLLEGE, Appellant, v. COUNTY OF SARATOGA et al., Respondents, and DEPARTMENT OF EDUCATION OF THE STATE OF NEW YORK et al., Appellants. (Proceeding No. 1.) In the Matter of HUDSON VALLEY COMMUNITY COLLEGE, Appellant, v. COUNTY OF SARATOGA, Respondent, and STATE UNIVERSITY OF NEW YORK, Appellant. (Proceeding No. 2.).

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

Decided December 2, 2010.

Attorney(s) appearing for the Case

Martin, Shudt, Wallace, DiLorenzo & Johnson, Troy ( David T. Garvey of counsel), for Fulton-Montgomery Community College, appellant.

Andrew M. Cuomo , Attorney General, Albany ( Robert M. Goldfarb of counsel), for Department of Education of the State of New York and others, appellants.

Featherstonhaugh, Wiley & Clyne, L.L.P., Albany ( Stephen J. Wiley of counsel), for Hudson Valley Community College, appellant.

Mark M. Rider , County Attorney, Ballston Spa, for County of Saratoga and others, respondents.

MERCURE, J.P., MALONE JR., GARRY and EGAN JR., JJ., concur.

OPINION OF THE COURT

KAVANAGH, J.

Petitioners, Fulton-Montgomery Community College (hereinafter FMCC) and Hudson Valley Community College (hereinafter HVCC), are community colleges which, as part of their curriculum, "provide two-year programs of post high school nature... [and] [s]pecial courses and extension work ... for part-time students" (Education Law § 6303 [1]). FMCC is located in the Town of Johnstown, Fulton County and is sponsored by the...

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