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MATTER OF DeVERA v. ELIA

No. 115.

32 N.Y.3d 423 (2018)

117 N.E.3d 757

93 N.Y.S.3d 198

2018 NY Slip Op 07922

In the Matter of ELAINE DEVERA, Individually and as Parent and Guardian of M.F., an Infant, et al., Petitioners, and SUSANA TAVERAS, Individually and as Parent and Guardian of K.R.R., an Infant, et al., Respondents, v. MARYELLEN ELIA, as Commissioner of Education, et al., Appellants.

Court of Appeals of New York.

Decided November 20, 2018.

Attorney(s) appearing for the Case

Barbara D. Underwood, Albany (Zainab A. Chaudhry and Andrea Oser of counsel), for MaryEllen Elia, appellant.

Zachary W. Carter, Corporation Counsel, New York City (Ingrid R. Gustafson, Richard Dearing and Claude S. Platton of counsel), for New York City Department of Education and another, appellants.

Sullivan & Cromwell LLP, New York City (Steven L. Holley, Jessica M. Klein and Peter A. Bruland of counsel), and Vanessa Biondo, Aaron Safane and Christopher LaVigne, New York City, for respondents.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (David W. Brown, Darren W. Johnson, Shane D. Avidan and Mozianio S. Reliford of counsel), for Joel Klein, amicus curiae.

Jones Day, Washington, D.C. (Victoria Dorfman of counsel), and New York City (Jim Ligtenberg, James M. Gross and Steven Magnusson of counsel), for Achievement First Brooklyn Charter Schools and others, amici curiae.

OPINION OF THE COURT

Charter schools are listed among the various eligible providers under the Statewide Universal Full-Day Prekindergarten Program. Unlike other providers, however, charter schools are separately governed by the New York Charter Schools Act, and all "monitoring, programmatic review and operational requirements...

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