County of Suffolk v. King

Appeal from a judgment of the Supreme Court (Stein, J.), entered August 2, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

The case at bar implicates the statutory mechanisms for the financing of state community colleges. As a general rule, the home counties of nonresident students pay such institutions for a portion of the operating and capital costs attributable to their students (see Education Law § 6305 [2]; see also City School Dist. of City of Corning v County of Chemung, 43 NY2d 408, 410 [1977]). By these…