TOWN OF N HEMPSTEAD v. COUNTY

No. 151

24 N.Y.3d 67 (2014)

20 N.E.3d 983

996 N.Y.S.2d 203

2014 NY Slip Op 07009

In the Matter of TOWN OF NORTH HEMPSTEAD, Appellant-Respondent, v. COUNTY OF NASSAU, Respondent-Appellant.

Court of Appeals of New York.

Decided October 16, 2014.


Attorney(s) appearing for the Case

Bond Schoeneck & King PLLC, Garden City ( Richard S. Finkel of counsel), for appellant-respondent.

Carnell T. Foskey , County Attorney, Mineola ( Robert F. Vander Waag and David A. Tauster of counsel), for respondent-appellant.

Eric T. Schneiderman , Attorney General, New York City ( Valerie Figueredo , Barbara D. Underwood and Richard P. Dearing of counsel), for State University of New York, amicus curiae.

Dennis M. Brown , County Attorney, Hauppauge ( Christopher A. Jeffreys of counsel), for County of Suffolk, amicus curiae.

Corey E. Klein , Corporation Counsel, Long Beach ( Gregory Kalnitsky of counsel), for City of Long Beach, amicus curiae.

Cindy Elan-Mangano , Town Attorney, Huntington ( Deirdre M. Butterfield of counsel), for Town of Huntington, amicus curiae.

Robert L. Cicale , Town Attorney, Islip ( William F. Garbarino of counsel), for Town of Islip, amicus curiae.

Sarah B. Brancatella , Albany, for Association of Towns of the State of New York, amicus curiae.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.


OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal concerns the allocation of costs to be borne amongst various government entities for expenses attributable to their residents attending community college. More specifically, the primary issue presented is whether the Education Law permits respondent Nassau County (County) to charge back to petitioner Town of North Hempstead (Town) the amounts the County paid...

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