- November 30, 2017
T. Schneiderman, Attorney General, New York, NY (Steven C.
Wu, Andrew W. Amend, and Philip V. Tisne of counsel), for
defendants-appellants State of New York, Board of Regents of
the University of the State of New York, and New York State
Department of Education.
Zachary W. Carter, Corporation Counsel, New York, NY (Richard
Dearing, Devin Slack, and Benjamin Welikson of counsel), for
defendants-appellants City of New York and New York City
Department of Education.
Stroock & Stroock & Lavan LLP, New York, NY (Charles
G. Moerdler, Alan M. Klinger, Beth A. Norton, David J. Kahne,
and Adam S. Ross, of counsel), for
intervenor-defendant-appellant Michael Mulgrew.
Richard E. Casagrande, Latham, NY (Jennifer N. Coffey, Wendy
M. Star, Keith J. Gross, Jacquelyn Hadam, and Christopher
Lewis of counsel), for intervenors-defendants-appellants Seth
Cohen, Daniel Delehanty, Ashli Skura Dreher, Kathleen
Ferguson, Israel Martinez, Richard Ognibene, Jr., Lonnette R.
Tuck, and Karen E. Magee.
P. Scheuermann, General Counsel, School Administrators
Association of New York State, Latham, NY (Jennifer L.
Carlson of counsel), for intervenors-defendants-appellants
Philip A. Cammarata and Mark Mambretti.
Jonathan W. Tribiano, PLLC, Staten Island, NY, for
respondents Mymoena Davids, Eric Davids, Alexis Peralta,
Stacy Peralta, Lenora Peralta, Andrew Henson, Adrian Colson,
Darius Colson, SamanthaPirozzolo, Franklin Pirozzolo, and
Kirkland & Ellis LLP, New York, NY (Jay P. Lefkowitz and
Devora W. Allon of counsel), for respondents John Keoni
Wright, Ginet Borrero, Tauana Goins, Nina Doster, Carla
Williams, Mona Pradia, and Angeles Barragan.
Lecker, Albany, NY, for amicus curiae Alliance for Quality
REINALDO E. RIVERA, J.P. JEFFREY A. COHEN JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
DECISION & ORDER
consolidated action for declaratory relief, the defendants
State of New York, Board of Regents of the University of the
State of New York, and New York State Department of
Education, the defendants City of New York and New York City
Department of Education, the intervenor-defendant Michael
Mulgrew, the intervenor-defendants Seth Cohen, Daniel
Delehanty, Ashli Skura Dreher, Kathleen Ferguson, Israel
Martinez, Richard Ognibene, Jr., Lonnette R. Tuck, and Karen
E. Magee, and the intervenor-defendants Philip A. Cammarata
and Mark Mambretti separately appeal, as limited by their
respective briefs, from (1) so much of an order of the
Supreme Court, Richmond County (Philip G. Minardo, J.), dated
March 12, 2015, as denied their respective motions pursuant
to CPLR 3211(a) to dismiss the complaints insofar as asserted
against each of them, and (2) so much of an order of the same
court dated October 22, 2015, as, in effect, upon renewal,
adhered to its prior determination.
that the appeals from the order dated March 12, 2015, are
dismissed, as that order was superseded by the order dated
October 22, 2015; and it is further, ORDERED that the order
dated October 22, 2015, is affirmed insofar as appealed from;
and it is further, ORDERED that one bill of costs is awarded
to the respondents appearing separately and filing separate
consolidated action challenges the constitutionality of
several sections of the Education Law relating to the tenure,
discipline, evaluation, and layoff of teachers, on the ground
that those sections permit ineffective teachers to remain
within New York's public schools and thereby deny
students the "sound basic education'' guaranteed
by article XI, § 1 of the NY Constitution ...