Louis GRUMET et al., Respondents,
v.
GEORGE PATAKI, as Governor of the State of New York, et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 10, 1999.
Decided May 11, 1999.
Attorney(s) appearing for the Case
Eliot Spitzer, Attorney-General, Albany (Peter H. Schiff, Barbara G. Billet and Julie S. Mereson of counsel), for George Pataki and others, appellants.
Miller, Cassidy, Larroca & Lewin, L. L. P. (Nathan Lewin, Richard W. Garnett and Anthony J. Bellia, Jr., of the District of Columbia Bar, admitted pro hac vice, of counsel), and George Shebitz & Associates, P. C., New York City (George Shebitz, Julia R. Cohen and Nahal Motamed of counsel), for Board of Education of the Kiryas Joel Union Free School District, appellant.
Ingerman Smith, L. L. P., Northport (Lawrence W. Reich of counsel), for Board of Education of the Monroe-Woodbury Central School District, appellant.
Jay Worona, Albany, for respondents.
Kevin J. Hasson, Eric W. Treene and Roman Storzer, of the District of Columbia Bar, admitted pro hac vice, for The Becket Fund for Religious Liberty, amicus curiae.
Marc D. Stern, New York City, for American Jewish Congress, amicus curiae.
Chief Judge KAYE and Judges CIPARICK and ROSENBLATT concur with Judge SMITH; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Judges LEVINE and WESLEY concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
SMITH, J.
At issue on this appeal is whether chapter 390 of the Laws of 1997, which enables Kiryas Joel to create a separate school district for its disabled children, violates the Establishment Clause of the First Amendment of the United States Constitution. We conclude that the legislation has the impermissible effect of advancing one religious sect and that it is unconstitutional.
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