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PARENTS FOR EDUC v. YOUNG

CV-23-0756.

230 A.D.3d 83 (2024)

215 N.Y.S.3d 552

2024 NY Slip Op 03523

In the Matter of PARENTS FOR EDUCATIONAL AND RELIGIOUS LIBERTY IN SCHOOLS et al., Respondents, v. LESTER YOUNG JR., as Chancellor of the Board of Regents, et al., Appellants.

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

Decided June 27, 2024.

Attorney(s) appearing for the Case

Letitia James, Attorney General, Albany (Beezly J. Kiernan of counsel), for appellants.

Troutman Pepper Hamilton Sanders LLP, New York City (Avi Schick of counsel), for respondents.

Christopher Hazen, Staten Island, for Young Advocates for Fair Education Inc., amicus curiae.

Pepperdine Caruso School of Law, Malibu, California (Michael A. Helfand of counsel), for Union of Orthodox Jewish Congregation of America and others, amici curiae.

Dennis Rapps, New York City, for Bobover Yeshiva Bnei Zion, amicus curiae.

Bienstock PLLC, New York City (Martin Bienstock of counsel), for Educational Institute Oholei Torah and others, amici curiae.

FISHER, McSHAN and POWERS, JJ., concur with GARRY, P.J.; EGAN JR., J., dissents in a separate opinion.

OPINION OF THE COURT

APPEAL from a judgment of the Supreme Court, Albany County (Christina L. Ryba, J.), entered March 27, 2023, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment. The judgment, among other things, partially granted petitioners' application to declare invalid certain regulations...

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