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MATTER OF TUCKER v. CITY OF NEW YORK

Index No. 155933/22. Appeal No. 16509&M-3320. Case No. 2022-03313.

210 A.D.3d 565 (2022)

178 N.Y.S.3d 518

2022 NY Slip Op 06647

In the Matter of Tamara Tucker et al., Respondents, v. City of New York et al., Appellants.

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

Decided November 22, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Richard Dearing of counsel), for appellants.

Advocates For Justice, New York ( Arthur Z. Schwartz and Laura D. Barbieri of counsel), for respondents.

New York Civil Liberties Union Foundation, New York ( Stephanie D. Coyle of counsel), for Amicus Curiae.

Concur—Gische, J.P., Kern, Gesmer, Scarpulla, Rodriguez, JJ.

Judgment (denominated order), Supreme Court, New York County (Lyle E. Frank), entered August 5, 2022, which granted the petition brought pursuant to CPLR article 78, vacated so much of respondent City of New York's budget for fiscal year 2023 as it relates to funding of the New York City Department of Education (DOE) and ordered spending levels to revert to prior levels pending a new vote on the fiscal year 2023 budget by the Mayor...

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