New York Charter Schools Ass'n v. DiNapoli

Graffeo, J. (concurring).

I agree with the majority that the 2005 legislation directing the Comptroller to audit charter schools to the same extent as public school districts violates article § 1 of the New York Constitution. I do not believe academic performance audits fall within the administrative duties that are incidental to the Comptroller’s supervision of political *135subdivisions, which include school districts. But I do not subscribe to the majority opinion to the extent it suggests that article V § 1 prohibits the Legislature from assigning any audit function to the Comptroller. I write…