Tue, May 3, 2005
Court Cuts Appeals Time in Half
Assemblyman Sanders to Introduce Assembly Bill A-100
The Appellate Division, First Department, today granted a motion filed by the Campaign for Fiscal Equity to expedite the governorâ€™s latest appeal in the long-running case. The court will hear the appeal in the October session, shortening the usual 12 months or more that an appeal of this type can take. CFEâ€™s related motion asking the court to lift the â€śautomatic stayâ€ť was not granted.
â€śEven though the stay was not lifted, we're gratified that the court granted our motion to expedite review of the case. The governor was hoping to buy himself another year but the court only gave him six months, until October,â€ť said CFE Executive Director Michael A. Rebell.
On April 18, Governor Pataki filed his notice of appeal of Justice DeGrasseâ€™s compliance order, which ordered the State to provide New York City schools billions more in school funding. In its motion, CFE asked the court to expedite the appeals process and lift the stay so needed funds can reach schools this year.
"We still plan to press for an immediate solution in the current session of the legislature. We've reconfirmed that Assemblyman Sanders will introduce in the near future Assembly Bill A-100, the bill based on the Schools for New Yorkâ€™s Future Act. We hope that both houses pass it and the governor signs it into law this spring,â€ť said CFE Executive Director Michael A. Rebell.
Regardless of how the courts decide the latest appeal, the governor has a continuing obligation to implement the Court of Appeals' mandate, now eight months past the compliance deadline. CFE is also considering other legal options for further accelerating compliance with the Court of Appealsâ€™ definitive constitutional mandate.
Parents from across the state march on the Capitol in Albany to show support for CFE.
CFE v. State of New York
In 2006, after 13 years in the Courts, the New York State Court of Appeals affirmed the right of every public school student in New York to the opportunity for a sound basic education and the stateâ€™s responsibility to adequately fund this right, but deferred to the Governor and the Legislature to determine the appropriate amount. more >