{"id":39612,"date":"2021-08-18T07:48:48","date_gmt":"2021-08-18T11:48:48","guid":{"rendered":"https:\/\/www.wrfalp.com\/?p=39612"},"modified":"2021-08-18T07:48:48","modified_gmt":"2021-08-18T11:48:48","slug":"governor-cuomo-loses-second-appeal-of-small-city-school-funding-lawsuit","status":"publish","type":"post","link":"https:\/\/www.wrfalp.com\/governor-cuomo-loses-second-appeal-of-small-city-school-funding-lawsuit\/","title":{"rendered":"Governor Cuomo Loses Second Appeal of Small City School Funding lawsuit"},"content":{"rendered":"

\"\"Governor Cuomo<\/strong> has lost his second battle in three months in the Small City School Education Funding case.<\/p>\n

The New York State Appellate Court<\/strong> has rejected Cuomo’s request to appeal a May 27th decision in the small city school case – Maisto versus State of New York<\/strong>. The unanimous decision by the Third Appellate Division in May overturned the Governor’s position that education aid in 8 small city school districts, including Jamestown, was constitutionally sufficient.<\/p>\n

Cuomo argued that there were important constitutional issues yet to be determined in the appeal received on July 12th. The court denied the motion without comment.<\/p>\n

The decision leaves New York State with no option but to take steps necessary to provide significant additional school aid to these districts. Any further appeal would only allow the Governor to delay the case further which has been his primary tactic since 2008 when the Maisto case was commenced.<\/p>\n

The case will have enormous impact on education funding, in the hundreds of millions of dollars annually just for the eight districts of Jamestown, Kingston, Mount Vernon, Newburgh, Niagara Falls, Port Jervis, Poughkeepsie and Utica. If the principles established by the Third Department decision are applied statewide, the fiscal impact could be even greater.<\/p>\n

The Maisto plaintiffs started the case in 2008 because they believed their districts were not getting enough educational funding\/resources to give their students, mainly poor and disadvantaged, what they needed to succeed and that this violated the state constitution.<\/p>\n

This was substantiated by the districts\u2019 very low graduation rates, teacher pupil ratios and support staff ratios. During the period covered by the trial of the case, which looked at the districts\u2019 performances from 2006-7 to 2013-14, these districts lost over $1 billion in promised funding which resulted in over 1500 teacher and staff layoffs.<\/p>\n","protected":false},"excerpt":{"rendered":"

Governor Cuomo has lost his second battle in three months in the Small City School Education Funding case. The New York State Appellate Court has rejected Cuomo’s request to appeal a May 27th decision in the small city school case – Maisto versus State of New York. The unanimous decision by the Third Appellate Division […]<\/p>\n","protected":false},"author":22,"featured_media":17327,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_newsletter_tier_id":0,"footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[4],"tags":[122,4640,9136,4741],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p3YlJ4-aiU","jetpack-related-posts":[{"id":48575,"url":"https:\/\/www.wrfalp.com\/jps-superintendent-criticizes-nys-for-dragging-feet-on-resolving-small-cities-lawsuit\/","url_meta":{"origin":39612,"position":0},"title":"JPS Superintendent Criticizes NYS For Dragging Feet on Resolving Small Cities Lawsuit","author":"WRFA Radio","date":"December 7, 2022","format":false,"excerpt":"Jamestown Public Schools' Superintendent is accusing New York State of dragging its feet in resolving a lawsuit over the state under funding poor school districts. Dr. Kevin Whitaker said the state is trying to \"smoke out\" the remaining eight districts involved in the Small Cities lawsuit even though they know\u2026","rel":"","context":"In "Local News"","block_context":{"text":"Local News","link":"https:\/\/www.wrfalp.com\/category\/news\/local-news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2022\/12\/JPS-BOE-12-6-22.jpg?fit=1000%2C750&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2022\/12\/JPS-BOE-12-6-22.jpg?fit=1000%2C750&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2022\/12\/JPS-BOE-12-6-22.jpg?fit=1000%2C750&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2022\/12\/JPS-BOE-12-6-22.jpg?fit=1000%2C750&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":28091,"url":"https:\/\/www.wrfalp.com\/judge-rules-against-jamestown-and-seven-other-districts-in-small-cities-lawsuit\/","url_meta":{"origin":39612,"position":1},"title":"Judge Rules Against Jamestown and Seven Other Districts in Small Cities Lawsuit","author":"WRFA Radio","date":"January 14, 2019","format":false,"excerpt":"ALBANY - The Jamestown School District - along with eight others across New York State - is considering its options following a State Supreme Court decision involving the long and ongoing Small Cities School lawsuit\u00a0(AKA\u00a0Maisto v. New York) According to the Post-Journal, the trial judge in the Small Cities school\u2026","rel":"","context":"In "Local News"","block_context":{"text":"Local News","link":"https:\/\/www.wrfalp.com\/category\/news\/local-news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":28525,"url":"https:\/\/www.wrfalp.com\/jamestown-school-board-to-consider-future-payments-for-small-city-schools-lawsuit\/","url_meta":{"origin":39612,"position":2},"title":"Jamestown School Board to Consider Future Payments for Small City Schools Lawsuit","author":"WRFA Radio","date":"February 7, 2019","format":false,"excerpt":"JAMESTOWN - The Jamestown School Board will be weighing its options in the coming weeks when it comes to deciding whether or not it want to continue funding the Small City Schools, or Maisto v. New York, lawsuit. On Tuesday the school board received an update on the ongoing lawsuit\u2026","rel":"","context":"In "Local News"","block_context":{"text":"Local News","link":"https:\/\/www.wrfalp.com\/category\/news\/local-news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/05\/Jamestown-Public-Schools.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":15078,"url":"https:\/\/www.wrfalp.com\/judgement-in-small-cities-lawsuit-not-likely-until-spring-2016\/","url_meta":{"origin":39612,"position":3},"title":"Judgement in Small Cities Lawsuit Not Likely Until Spring 2016","author":"WRFA Radio","date":"August 28, 2015","format":false,"excerpt":"Jamestown High SchoolJAMESTOWN - It appears Jamestown Public Schools will have to wait several more months until it and seven other school districts learn the outcome of a funding lawsuit against New York State. Jamestown School Superintendent Tim Mains told WRFA on Thursday that the deliberations on the Small City\u2026","rel":"","context":"In "Local News"","block_context":{"text":"Local News","link":"https:\/\/www.wrfalp.com\/category\/news\/local-news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2015\/05\/061700010013_1.jpg?fit=300%2C202&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":23333,"url":"https:\/\/www.wrfalp.com\/state-funding-lawsuit-involving-jamestown-seven-other-cities-sees-new-life-following-appeals-court-decision\/","url_meta":{"origin":39612,"position":4},"title":"State Funding Lawsuit Involving Jamestown, Seven Other Cities, Sees New Life Following Appeals Court Decision","author":"WRFA Radio","date":"October 27, 2017","format":false,"excerpt":"JAMESTOWN - Jamestown Public Schools received some good news in court on Thursday. A state appeals court unanimously reversed a trial judge\u2019s 2016 ruling that had dismissed the Maisto v. New York case, which is also known as the small cities lawsuit that accused the state of under-funding eight school\u2026","rel":"","context":"In "Local News"","block_context":{"text":"Local News","link":"https:\/\/www.wrfalp.com\/category\/news\/local-news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/05\/Jamestown-Public-Schools-266x300.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":19558,"url":"https:\/\/www.wrfalp.com\/judge-rules-in-favor-of-state-in-small-cities-lawsuit\/","url_meta":{"origin":39612,"position":5},"title":"Judge Rules in Favor of State in Small Cities Lawsuit","author":"WRFA Radio","date":"September 21, 2016","format":false,"excerpt":"ALBANY - A decision has come down regarding the Small City Schools lawsuit (Maisto v. New York), which included Jamestown Public Schools as a plaintiff, and which began more than a decade ago. On Tuesday, an Albany County state Supreme Court justice ruled against Jamestown and seven other plaintiffs from\u2026","rel":"","context":"In "Local News"","block_context":{"text":"Local News","link":"https:\/\/www.wrfalp.com\/category\/news\/local-news\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.wrfalp.com\/wp-content\/uploads\/2016\/02\/Court-Gavel.png?fit=600%2C384&ssl=1&resize=525%2C300 1.5x"},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/posts\/39612"}],"collection":[{"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/users\/22"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/comments?post=39612"}],"version-history":[{"count":1,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/posts\/39612\/revisions"}],"predecessor-version":[{"id":39613,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/posts\/39612\/revisions\/39613"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/media\/17327"}],"wp:attachment":[{"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/media?parent=39612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/categories?post=39612"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.wrfalp.com\/wp-json\/wp\/v2\/tags?post=39612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}