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Campaign for Fiscal Equity
 

Wed, Apr 20, 2005

Court Expedites CFE's Motion to Invalidate Stay on Governor's Appeal

Order issued in response to CFE's request for prompt appeal

Responding to a motion from plaintiffs’ attorneys to invalidate the “automatic stay” that the governor’s attorneys assumed went into effect after they filed their appeal of the court’s compliance order, the Appellate Division, 1st Department, issued an order today for rapid, expedited consideration of CFE’s motion. The court ordered both parties to submit their papers no later than Thursday, April 28, and stated that it will make a decision on the validity of the stay by Tuesday, May 3.

“We are pleased that the court has recognized the importance of moving quickly with this appeal, given the State’s unconscionable delays and the harm that is being imposed on millions of children throughout the state with every day that passes,” said CFE Executive Director Michael A. Rebell.

On Monday, April 18, attorney’s for the State filed their notice of appeal of Justice DeGrasse’s February court order. The order, which went into effect on March 22, gave the governor 90 days to provide billions of dollars more to New York City schools.

According to the State’s attorneys, the “automatic stay” went into effect immediately after they filed the appeal, stopping the clock with 63 days remaining in the 90-day grace period. CFE asserts that the State's failure to comply with the Court of Appeals' June 2003 order denies the State the right to an automatic stay. On Tuesday, April 19, CFE filed a motion asking the court to invalidate the stay and keep the clock ticking so that funds can still reach schools before the start of the next school year. In the event that the appeal goes forward, CFE urged the court to decide the appeal on a highly expedited schedule—within 60 days.

State appellants are ordinarily permitted an automatic stay of any lower court order they are appealing in order to preserve the status quo and prevent unjustifiable harm to the public—conditions that are irrelevant in the CFE case. CFE asserts that preserving the status quo would mean perpetuating a constitutional violation that will yield undue harm to over one million public schoolchildren.


Parents from across the state march on the Capitol in Albany to show support for CFE.
CFE Litigation 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 state’s responsibility to adequately fund this right, but deferred to the Governor and the Legislature to determine the appropriate amount. more >