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Article: Appellate Division, 3rd Department Case Summaries: January 23, 2009
- Article from:
- Daily Record (Rochester, NY)
- Article date:
- January 23, 2009
CopyrightCopyright 2009 Daily Record (Rochester, NY). Provided by ProQuest LLC. (Hide copyright information)
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New York Constitution
Comptroller's Authority
Matter of New York Charter Schools
Association Inc. v. DiNapoli
504682
Article 78 proceeding;
Supreme Court, Albany County
Background: The action was filed pursuant to CPLR Article 78 and
seeks a declaration that certain legislation violates New York State
Constitution, Article V, [section]1 to the extent that the statutes
authorize the comptroller to audit charter schools. The comptroller
contacted various charter schools to schedule audits and, while some
went forward with audits, many of charter schools responded by
raising a threshold legal issue regarding the comptroller's
authority to audit them. The respondents moved for summary judgment. ...