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HUSSEIN v. STATE OF NEW YORK

509778.

81 A.D.3d 132 (2011)

914 N.Y.S.2d 464

AYUBE HUSSEIN, as Parent of a Student in the Albany City School District, et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

January 13, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Denise A. Hartman of counsel), for appellant.

The Biggerstaff Law Firm, L.L.P., Slingerlands ( Robert E. Biggerstaff of counsel), for respondents.

MERCURE, J.P., MALONE JR. and McCARTHY, JJ., concur.

OPINION OF THE COURT

STEIN, J.

Plaintiffs—the parents of minor students in 11 different school districts outside the City of New York—commenced this declaratory judgment action in March 2009, alleging that their children are being deprived of the opportunity of a sound basic education, in violation of NY Constitution, article XI, § 1, because the school districts where the students attend school are substantially underfunded. Plaintiffs...

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