Appellate Division, Third Department · October 29, 2026 · 2026 NY Slip Op 06365
Eighteen years on, the State’s Foundation Aid response to the small-cities school funding claim is rational
Maisto v State of New York
Read the official decision: 2026 NY Slip Op 06365
Holding The Appellate Division affirmed the lower court’s determination that the State’s remedial response, centered on the full implementation of the Foundation Aid formula, was rational. The court held that while plaintiffs identified legitimate concerns regarding the formula’s methodology, they failed to demonstrate that the State’s chosen remedy was patently irrational or constitutionally infirm.
Why it matters
Continuation of a major, 18-year school funding litigation
Clarifies the standard of review for remedial measures in education funding cases
Addresses the ongoing validity of the Foundation Aid formula methodology
The court’s words
the manner by which the State addresses complex societal and governmental issues is a subject left to the discretion of the political branches of government
2026 NY Slip Op 06365, at the official text
the persistence of educational shortcomings, without more, does not establish that defendant's remedial response was patently irrational
2026 NY Slip Op 06365, at the official text
full funding of an existing statutory formula does not perpetually demonstrate constitutional compliance
2026 NY Slip Op 06365, at the official text
the existence of such competing options does not render the use of CPI outside the range of rational legislative choices
2026 NY Slip Op 06365, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06365 |
| Area of law | Education Law · Civil Rights and Constitutional Law |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06365 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1661 |
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Recommended citation
ESQ HQ, New York Law Watch, Maisto v State of New York, 2026 NY Slip Op 06365 (Appellate Division, Third Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06365/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch worksFeatured by Eric McAvey, November 14, 2026.