Campaign for Fiscal Equity, Inc. v. State

The majority views the separation of *192powers doctrine as precluding the IAS court from affirmatively directing the Legislature to take the specific steps necessary to carry out the previous mandate of the Court of Appeals (see Campaign for Fiscal Equity v State of New York, 100 NY2d 893, 905 [2003] [CFE II], modfg 295 AD2d 1 [2002], revg 187 Misc 2d 1 [2001]). In this way, it allows a festering constitutional problem of enormous dimension to continue indefinitely.

While it accepts that the shortfall in the funds needed by the New York City public schools in order to provide all its students…