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DEVERA v. ELIA

523665.

152 A.D.3d 13 (2017)

56 N.Y.S.3d 609

2017 NY Slip Op 04522

In the Matter of ELAINE DEVERA, Individually and as Parent and Guardian of M.F., an Infant, et al., Petitioners, and SUSANA TAVERAS, Individually and as Parent and Guardian of K.R.R., an Infant, et al., Appellants, v. MARYELLEN ELIA, as Commissioner of Education, et al., Respondents.

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

Decided June 8, 2017.

Attorney(s) appearing for the Case

Sullivan & Cromwell, LLP, New York City ( Steven L. Holley of counsel), and Emily A. Kim , Success Academy Charter Schools, New York City, for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Zainab Chaudhry of counsel), for Maryellen Elia, respondent.

Zachary Carter , Corporation Counsel, New York City ( Ingrid R. Gustafson of counsel), for New York City Department of Education and another, respondents.

Jones Day, New York City ( Victoria Dorfman of counsel), for Achievement First and others, amici curiae.

ROSE, DEVINE, CLARK and MULVEY, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered June 17, 2016 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Education partially dismissing petitioners' challenge to...

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