YWN, Monsey Scoop’s parent company has provided its readers with the most up-to-date news and developments about the controversy over New York State’s efforts to closely regulate yeshiva education. We are pleased to provide you with the breaking news that the New York Court of Appeals will hear the yeshiva community’s challenge to the State’s regulations of yeshiva education.
Here is a brief recap: Shortly after the State Education Department adopted new regulations of yeshivas in September 2022, a coalition led by PEARLS challenged them in Albany Supreme Court. After a hearing in March 2023, Justice Christina Ryba declared significant parts of the regulations illegal and struck them from the law. The State appealed, and in late June a divided panel of the Appellate Division reversed Judge Ryba’s decision and reinstated the regulations.
That left the New York Court of Appeals as the only recourse to have the successful challenge to the regulations reinstated . PEARLS immediately filed a motion to have the case heard by the Court of Appeals, pointing out the legal and logical mistakes in the Appellate Division decision.
The Court of Appeals hears very few cases and rejects the overwhelming majority of requests to take a case.
This afternoon, PEARLS motion was granted. That means the parties will submit their briefs in the coming months, and the Court of Appeals will likely hear the case in early 2025.
B”H
The Court of Appeals had to accept the case because there was a dissenting opinion at the Appellate Division. It doesn’t mean because the Court of Appeals accepted the case, that it considers the Yeshiva issue more worthy of having its day in court compared to the overwhelming majority of cases which the Court of Appeals declines permission to appeal.