Source:
New York TimesALBANY — A coalition of teachers’ unions and local school officials mounted a legal battle on Wednesday against Gov. David A. Paterson, arguing that his decision to unilaterally withhold hundreds of millions of dollars in scheduled payments to school districts violated New York’s Constitution.
The educators asserted in a lawsuit filed in State Supreme Court in Albany County that Mr. Paterson had no power to withhold money after its expenditure had been authorized by the Legislature.
“This is a terrible day in New York’s history,” said Alan B. Lubin, vice president of the New York State United Teachers, one of the groups that helped draft the lawsuit. “For this coalition to stand back and watch the governor take the money that was allocated by the State Legislature for schools, for programs, for children, and pull it back, is really a terrible thing to have witnessed.”
Mr. Paterson announced Sunday that he would withhold the money after weeks of failed negotiations with the Legislature over how to close a $3.2 billion deficit. He also said that if the economy did not improve and if state revenues did not rise next year, the money being withheld could become the basis for cuts in next year’s budget.
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http://www.nytimes.com/2009/12/17/nyregion/17budget.html