In the Matter of NORTH SYRACUSE CENTRAL SCHOOL DISTRICT, Appellant,
v.
NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent.
In the Matter of ITHACA CITY SCHOOL DISTRICT, Appellant,
v.
NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued May 2, 2012.
Decided June 12, 2012.
Attorney(s) appearing for the Case
Law Firm of Frank W. Miller, East Syracuse ( Frank W. Miller and Bryan Georgiady of counsel), for appellant in the first above-entitled proceeding.
Bond, Schoeneck & King, PLLC, Syracuse ( Jonathan B. Fellows of counsel), for appellant in the second above-entitled proceeding.
Caroline J. Downey , General Counsel, New York State Division of Human Rights, Bronx ( Michael K. Swirsky of counsel), for respondent in the first above-entitled proceeding.
Caroline J. Downey , General Counsel, New York State Division of Human Rights, Bronx ( Michael K. Swirsky of counsel), for New York State Division of Human Rights, respondent in the second above-entitled proceeding.
Schlather, Stumbar, Parks & Salk, LLP, Ithaca ( Raymond M. Schlather and Diane V. Bruns of counsel), for Amelia Kearney, respondent in the second above-entitled proceeding.
Lambda Legal Defense and Education Fund, Inc., New York City ( Thomas W. Ude, Jr. , and Hayley J. Gorenberg of counsel), for Advocates for Children of New York, Inc. and others, amici curiae in the first above-entitled proceeding.
Lambda Legal Defense and Education Fund, Inc., New York City ( Hayley J. Gorenberg and Thomas W. Ude, Jr. , of counsel), for Advocates for Children of New York, Inc. and others, amici curiae in the second above-entitled proceeding.
Jay Worona , Latham, and Aileen Abrams , for New York State School Boards Association, Inc., amicus curiae in the second above-entitled proceeding.
Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge CIPARICK dissents and votes to affirm in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.
Court of Appeals of New York.
OPINION OF THE COURT
PIGOTT, J.
At issue on these appeals is whether a public school district is an "education corporation or association" as contemplated by Executive Law § 296 (4). We conclude that it is not, and, therefore, the New York State Division of Human Rights (SDHR) lacks jurisdiction to investigate complaints against public school districts under that provision.
Procedural Background
The public school students in these...
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