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MAISTO v. STATE OF NEW YORK

528550.

196 A.D.3d 104 (2021)

149 N.Y.S.3d 599

2021 NY Slip Op 03350

LARRY J. MAISTO et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

DeGraff, Foy & Kunz, LLP, Albany ( George J. Szary of counsel) and The Biggerstaff Law Firm, LLP, Slingerlands ( Robert E. Biggerstaff of counsel), for appellants.

Letitia James , Attorney General, Albany ( Robert M. Goldfarb of counsel), for respondent.

Law Office of Michael A. Rebell, New York City ( Michael A. Rebell of counsel), for Center for Educational Equity, Teachers College, Columbia University, amicus curiae.

New York Civil Liberties Union Foundation, New York City ( Stefanie D. Coyle of counsel), for New York Civil Liberties Union, amicus curiae.

GARRY, P.J., EGAN JR., CLARK and PRITZKER, JJ., concur.

OPINION OF THE COURT

Appeal from an order and judgment of the Supreme Court (O'Connor, J.), entered January 16, 2019 in Albany County, upon a decision of the court in favor of defendant.

This appeal calls upon us to determine whether defendant has satisfied its constitutional obligation to provide students in eight economically...

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