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MATTER OF CONEY IS. PREPARATORY PUB. CHARTER SCH. v. NEW YORK STATE EDUC. DEPT.

CV-23-0383.

2024 NY Slip Op 01143

In the Matter of Coney Island Preparatory Public Charter School et al., Appellants, v. New York State Education Department et al., Respondents.

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

Decided February 29, 2024.

Attorney(s) appearing for the Case

Arnold & Porter Kaye Scholer LLP, New York City ( Kent A. Yalowitz of counsel), for appellants.

Letitia James , Attorney General, Albany ( Jonathan D. Hitsous of counsel), for New York State Education Department and another, respondents.

Sylvia O. Hinds-Radix , Corporation Counsel, New York City ( Jesse A. Townsend of counsel), for City of New York and another, respondents.

Before: Egan Jr., J.P., Clark, Lynch, McShan and Mackey, JJ.

Appeal from a judgment of the Supreme Court (James P. Gilpatric, J.), entered February 1, 2023 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, among other things, granted respondents' motions to dismiss the petition/complaint.

Education Law § 2856 governs...

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