CFE Formally Files Notice of Appeal of Appellate Division Decision

July 22 - The Campaign for Fiscal Equity, Inc., representing the plaintiffs in the landmark school funding suit, CFE v. State, filed a notice of appeal today to bring the case to the Court of Appeals, New York State's highest court. The plaintiffs are formally appealing the June 25 decision of the Appellate Division, First Department, which overturned Justice Leland DeGrasse's landmark decision in CFE. In that ruling, the Appellate Division held that the State is only obligated to provide an eighth-grade level of education to its public school students.

"This was an outrageous and indefensible decision," said Michael A. Rebell, CFE's Executive Director and Counsel, who called the intermediate court's ruling a "legally insignificant" setback in CFE's pursuit of a fair statewide education funding system. "The last time CFE was before the Court of Appeals in 1995, they gave us a rousing victory, and we are optimistic they will overturn this decision."

Because the CFE case raises a major constitutional issue, the case will be heard by the Court of Appeals as a matter of right. Under the rules of the Court of Appeals, CFE has 60 days, or until September 20, to file its brief. The response of Governor Pataki and the State is due 45 days after that - or November 4, one day before Election Day.

The Court of Appeals will establish a date for oral arguments in this final round of the appeal, which will likely be sometime this winter. A final decision from the Court is expected in 2003.