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MULGREW v. BOARD OF EDUC.

4593

88 A.D.3d 72 (2011)

928 N.Y.S.2d 269

2011 NY Slip Op 6088

MICHAEL MULGREW, as President of the United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO, et al., Respondents, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Appellants.

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

July 28, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Alan G. Krams , Kristin M. Helmers and Emily Sweet of counsel), for appellants.

Stroock & Stroock & Lavan LLP, New York City ( Charles G. Moerdler , Alan M. Klinger and Dina Kolker of counsel), Meyer, Suozzi, English & Klein, P.C., New York City ( Basil A. Paterson and Barry Peek of counsel), Carol L. Gerstl , New York City and Adam S. Ross , New York City, for respondents.

Eric T. Schneiderman , Attorney General, New York City ( Alison J. Nathan , Barbara D. Underwood and Benjamin N. Gutman of counsel), for amici curiae.

MAZZARELLI, P.J., ACOSTA and FREEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Following the Court of Appeals' decision in Campaign for Fiscal Equity v State of New York (100 N.Y.2d 893, 919 [2003]), finding that the State Legislature's financing system for the State's public schools failed to afford New York City public school children the constitutionally-mandated opportunity for a meaningful education, in 2007 the Legislature enacted a law entitled "Contract...

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