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HUSSEIN v. STATE OF NEW YORK

No. 69.

19 N.Y.3d 899 (2012)

950 N.Y.S.2d 342

2012 NY Slip Op 5092

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

Court of Appeals of New York.

Decided June 26, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Denise A. Hartman , Barbara D. Underwood and Andrew D. Bing of counsel), for appellant.

Divine, Markovits & Snyder, L.L.P., Albany ( Terence J. Devine of counsel), and The Biggerstaff Law Firm, L.L.P., Slingerlands ( Robert E. Biggerstaff and Laura K. Biggerstaff of counsel), for respondents.

Richard E. Casagrande , Latham, and Elizabeth R. Schuster for New York State United Teachers, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur in memorandum; Judge CIPARICK concurs in a separate opinion; Judge SMITH concurs in a separate opinion in which Judge PIGOTT concurs; Judge READ dissents in another opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs and the certified question should be answered in the negative.

Plaintiffs' claims are neither moot nor unripe for review. The merits of the controversy are not before us.

CIPARICK, J. (concurring).

I fully agree with the majority's holding that plaintiffs' claims are neither moot nor unripe. I

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