Hussein v. State

Read, J. (dissenting).

Granted, this appeal may not be conventionally moot or unripe. But then, plaintiffs’ claims are not justiciable in the orthodox sense either (see Board of Educ., Levittown Union Free School Dist. v Nyquist, 57 NY2d 27, 48 [1982] [indicating the constitutional standard would be unmet only in the case “possibly, of gross and glaring inadequacy,” which cannot be said to exist in New York where “the average per pupil expenditure exceeds that in all other States but two”];1 Campaign for Fiscal Equity v State of New York, 86 NY2d 307, *910341-342 [1995, Simons, J., dissenting]…