The question on appeal is whether the Court correctly interpreted Education Law section 3635 as requiring school districts outside of New York City to transport non-public school students on days that the non-public schools are open, but the school district's public schools are closed.

This ruling is contrary to the District's policy and decades of guidance and interpretation by Defendant/Respondent SED with respect to Education Law section 3635.

The State is arguing that grounds for reversal are that:

(1) the lower Court misinterpreted and misapplied Education Law section 3635 in concluding that that statute mandates that the District provide transportation to all non-public school students within the District on each day that the non-public schools are in session, regardless of whether the District's public schools are closed;

(2) the lower Court erred and abused its discretion in granting a summary judgment to the Petitioners-Plaintiff-Respondents despite their failure to comply with section 202.8-g of the Uniform Rules of the Court; and,

(3) the lower Court erred and abused its discretion in granting a summary judgment to the Petitioners-Plaintiff-Respondents despite their failure to file the pleadings in action as part of their motion for summary judgment.

Click on the links below to download the notice of appeals and the recent notice of appeal to the Appellate Division of the Supreme Court for the Third Judicial Department filed by NYSED.

Notice of Appeal Filed 11/22/21

Notice of Appeal Filed 11/23/21

Supreme Court Filing 11/22/21