Legal Opinion
Longwood Central School District v. Springs Union Free School District
New York Court of Appeals
Decided February 17, 2004PublishedCited by 5 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
On this appeal, we decide which of two school districts must bear the educational costs for children who, immediately before their placement in foster care, lived in a homeless shelter with their mother. The question is governed by Education Law § 3202 (4) (a), and the outcome turns on where the children “resided” within the meaning of the statute. Because the term is undefined, we must determine whether it means mere physical location or also includes an element of permanency. We hold that, under the statute, physical presence alone does not qualify as…
2Cases cited3 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Jeter v. Ellenville Central School DistrictNew York Court of Appeals · 1977
- Catlin v. SobolNew York Court of Appeals · 1991
3Cited by5 opinions
- J.S. v. Scarsdale Union Free School DistrictDistrict Court, S.D. New York · 2011
- Board of Education of the Garrison Union Free School District v. Greek Archdiocese Institute of St. BasilAppellate Division of the Supreme Court of the State of New York · 2010
- Board of Education v. Greek Archdiocese Institute of St. BasilNew York Court of Appeals · 2012
- Senhart v. SenhartAppellate Division of the Supreme Court of the State of New York · 2005
- Opn. No., New York Attorney General Reports2008