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BOARD OF EDUC. v. GREEK INST.

No. 229

18 N.Y.3d 355 (2012)

2012 NY Slip Op 23

BOARD OF EDUCATION OF THE GARRISON UNION FREE SCHOOL DISTRICT, Respondent, v. GREEK ARCHDIOCESE INSTITUTE OF ST. BASIL, Also Known as ST. BASIL ACADEMY, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided January 5, 2012.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York City ( Gregory A. Horowitz , Julie M. Weiswasser , and Alissa R. Goodman , of counsel), for appellant.

Girvin & Ferlazzo, P.C., Albany ( Salvatore D. Ferlazzo , and Patrick J. Fitzgerald , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

This appeal presents the question of whether a school district is obligated to pay for the educational costs of the children living in a child care institution located within district boundaries. We hold that a school district is not obligated to provide a tuition-free education to those children determined to be nonresidents of the school district.

The Greek Archdiocese Institute of St. Basil (hereinafter St. Basil...

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