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1 No. 74
Campaign for Fiscal Equity, Inc.,
The State of New York, et al.,
2003 NY Int. 84
June 26, 2003
This opinion is uncorrected and subject to revision before publication in
the New York Reports.
Joseph F. Wayland and Michael A. Rebell, for appellants.
Daniel Smirlock, for respondents.
City of New York, et al.; New York Civil Liberties Union; New York
State Association of Small City School Districts, Inc.; New York
State Coalition for 853 Schools, Inc.; Black, Puerto Rican and
Hispanic Legislative Caucus, et al.; Partnership for New York City,
Inc.; Midstate School Finance Consortium; League of Women
Voters of New York State, Inc.; Rochester City School District;
United Federation of Teachers; Alliance for Quality Education, et
al.; Council of the Great City Schools; New York State School
Boards Association, Inc. et al., amici curiæ.
KAYE, CHIEF JUDGE:
We begin with a unanimous recognition of the importance of
education in our democracy. The fundamental value of education
is embedded in the Education Article of the New York State
Constitution by this simple sentence: "The legislature shall
provide for the maintenance and support of a system of free