3. Argued January 11, 2005. Decided February 15, 2005. APPEAL, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered January 29, 2004. The Appellate Division affirmed an order of the Supreme Court, Albany County (Joseph C. Teresi, J.), which had (1) granted defendants' motion to dismiss the amended complaint to the extent of declaring that plaintiffs failed to allege or show any constitutional violation by or right to any
No. 69 06-26-2012 Ayube Hussein, as Parent of a Student in the Albany City School District, et al., Respondents, v. State of New York, Appellant. Denise A. Hartman, for appellant. Terence J. Devine, for respondents. New York State United Teachers, amicus curiae. Denise A. Hartman, for appellant. Terence J. Devine, for respondents. New York State United Teachers, amicus curiae. MEMORANDUM: The order of the Appellate Division should be affirmed with costs and the certified question should be answered
1. Place of instruction. A minor required to attend upon instruction by the provisions of part one of this article may attend at a public school or elsewhere. The requirements of this section shall apply to such a minor, irrespective of the place of instruction. 2. Quality and language of instruction; text-books. (i) Instruction may be given only by a competent teacher. In the teaching of the subjects of instruction prescribed by this section, English shall be the language of instruction, and text-books