Miriam Aristy-Farer v. State of New York , New Yorkers for Students' Educational Rights v. State of New York

I agree for the reasons stated by the majority that the Aristy-Farer complaint should be dismissed in its entirety because it fails to plead a cognizable claim. However, because the complaint filed by the New Yorkers for Students’ Educational Rights (NYSER) adequately pleads several causes of actions against the State for violations of the Education Article as to all districts, I would affirm the Appellate Division as it relates to this action.1

I

The State Constitution’s Education Article mandates that “[t]he legislature shall provide for the maintenance and support of a system of free common…