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ARISTY-FARER v. STATE OF N.Y.

650450/14, 100274/13.

143 A.D.3d 101 (2016)

2016 NY Slip Op 05960

40 N.Y.S.3d 7

MIRIAM ARISTY-FARER et al., Respondents, v. STATE OF NEW YORK et al., Appellants. NEW YORKERS FOR STUDENTS' EDUCATIONAL RIGHTS ("NYSER") et al., Respondents, v. STATE OF NEW YORK et al., Appellants. NEW YORKERS FOR STUDENTS' EDUCATIONAL RIGHTS ("NYSER") et al., Plaintiffs, and CITY OF YONKERS, Intevenor-Respondent, v. STATE OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 8, 2016.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, New York City (Andrew W. Amend, Denise A. Hartman, Steven C. Wu, and Philip V. Tinse, of counsel), for appellants.

The Law Office of Michael A. Rebell, New York City (Michael A. Rebell, of counsel), for respondents.

Morgan, Lewis & Bockius LLP, New York City (Douglas T. Schwarz, and John A. Vassallo, III, of counsel), for New Yorkers for Students' Educational Rights, respondent.

Michael V. Curti, Corporation Counsel, Yonkers (Hiran Sherwani, and Matthew Gallagher, of counsel), for the City of Yonkers, respondent.

ACOSTA, RENWICK and ANDRIAS, JJ. concur.

OPINION OF THE COURT

In these three consolidated appeals, plaintiffs in the Aristy-Farer and New Yorkers for Students' Educational Rights ("NYSER") (NYSER) actions contend, inter alia, that the state defendants have continued to deprive New York City...

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