Legal Opinion

Payne v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2007Published

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered June 6, 2006, which, inter alia, granted defendants’ cross motion pursuant to CPLR *2913211, and dismissed the complaint, unanimously affirmed, without costs.

The complaint, which is devoid of allegations of systemic, district-wide educational deficiencies attributable to a lack of funding by the State, fails to state a cognizable claim under the Education Article (art XI, § 1) of the New York State Constitution (see New York Civ. Liberties Union v State of New York, 4 NY3d 175, 180-182 [2005];…

2Cases cited9 opinions

  1. Buechel v. BainNew York Court of Appeals · 2001
  2. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 1995
  3. Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
  4. New York Civil Liberties Union v. StateNew York Court of Appeals · 2005
  5. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 2003

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