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BROWN v. STATE OF NEW YORK

699 CA 15-02049.

144 A.D.3d 88 (2016)

2016 NY Slip Op 06566

39 N.Y.S.3d 327

UNIQUE BROWN, by Her Parent and Natural Guardian, DENISE STEVENS, et al., Respondents, v. STATE OF NEW YORK, Appellant, et al., Defendants.

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

Decided October 7, 2016.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Zainab A. Chaudhry of counsel), for appellant.

Herrick Feinstein LLP, New York City ( Leah Kelman of counsel), and Connors LLP, Buffalo, for respondents.

CENTRA, J.P., LINDLEY, CURRAN and SCUDDER, JJ. concur.

OPINION OF THE COURT

I. Background

Plaintiffs are seven students who attend four nonparty charter schools located in Buffalo and Rochester (hereafter, infant plaintiffs), and Northeast Charter Schools Network, Inc. (Network), an advocacy group of which those charter schools are members. In September 2014, plaintiffs...

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