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JAMES v. FARIÑA

450170/16, 5576.

171 A.D.3d 44 (2019)

96 N.Y.S.3d 220

2019 NY Slip Op 01729

In the Matter of LETITIA JAMES, in Her Official Capacity as the Public Advocate for the City of New York, Respondent, v. CARMEN FARIÑA, Chancellor of the New York City Department of Education, et al., Appellants, et al., Respondent.

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

Decided March 12, 2019.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Scott Shorr and Richard Dearing of counsel), for appellants.

Public Advocate for the City of New York, New York City ( Molly Thomas-Jensen of counsel), for respondent.

Davis Polk & Wardwell, New York City ( Anne Burton Walsh of counsel), for Legal Services NYC and others, amici curiae.

Milbank, Tweed, Hadley & McCloy LLP, New York City ( Robert Christopher Almon and David R. Gelfand of counsel), for Common Cause New York, amicus curiae.

RICHTER and TOM, JJ., concur with OING, J.; RENWICK, J.P., and GESMER, J., dissent in an opinion by GESMER, J.

OPINION OF THE COURT

Petitioner, Public Advocate of the City of New York Letitia James, makes this application, pursuant to section 1109 of the New York City Charter, seeking to have respondents Carmen Fariña, the former Chancellor of the New York City Department of Education, and the New York City Department of Education...

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