Legal Opinion

New York Charter Schools Ass'n v. DiNapoli

New York Court of Appeals

Decided June 25, 2009PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

In this appeal, we are called upon to determine whether the *123Legislature violated article V, § 1 of the New York State Constitution when it assigned and directed the State Comptroller to audit charter schools. We hold that the Legislature exceeded its constitutional authority by delegating and directing the Comptroller to conduct audits of charter schools. Therefore, the order of the Appellate Division should be reversed.

Background

In 1998, the Legislature enacted the New York Charter Schools Act (Act) thereby authorizing a system of charter schools to be created…

2Cases cited8 opinions

  1. People v. PagnottaNew York Court of Appeals · 1969
  2. People v. TichenorNew York Court of Appeals · 1997
  3. LaValle v. HaydenNew York Court of Appeals · 2002
  4. McCall v. Barrios-PaoliNew York Court of Appeals · 1999
  5. Blue Cross & Blue Shield v. McCallNew York Court of Appeals · 1996

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3Cited by15 opinions

  1. Matter of DeVera v. EliaNew York Court of Appeals · 2018
  2. New York Charter School Ass'n v. SmithNew York Court of Appeals · 2010
  3. Handler v. DiNapoliNew York Court of Appeals · 2014
  4. Matter of DeVera v. EliaAppellate Division of the Supreme Court of the State of New York · 2017
  5. Handler v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011

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