PAYNE v. STATE (2007)

Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered June 6, 2006, which, inter alia, granted defendants' cross motion pursuant to CPLR 3211, and dismissed the complaint, unanimously affirmed, without costs.

 The complaint, which is devoid of allegations of systemic, district-wide educational deficiencies attributable to a lack of funding by the State, fails to state a cognizable claim under the Education Article (art. XI, § 1) of the New York State Constitution (see New York Civil Liberties Union v. State of New York, 4 N.Y.3d 175, 180-182, 791 N.Y.S.2d 507, 824 N.E.2d 947 [2005];  Paynter v. State, 100 N.Y.2d 434, 440-441, 765 N.Y.S.2d 819, 797 N.E.2d 1225 [2003];  Campaign for Fiscal Equity v. State of New York, 86 N.Y.2d 307, 317-319, 631 N.Y.S.2d 565, 655 N.E.2d 661 [1995] [CFE II] ).   In any event, plaintiffs claims are barred by res judicata based upon the recently concluded litigation in Campaign For Fiscal Equity (CFE) v. State of New York, 8 N.Y.3d 14, 828 N.Y.S.2d 235, 861 N.E.2d 50 [2006].   It is clear that the CFE plaintiffs represented the interests of all New York City school children and that the relief obtained-a declaratory judgment that the State was inadequately funding the New York City public school system and an order directing the State to implement financing reforms to fund the City public school system adequately (see Campaign for Fiscal Equity v. State of New York, 100 N.Y.2d 893, 769 N.Y.S.2d 106, 801 N.E.2d 326 [2003] and 8 N.Y.3d 14, 828 N.Y.S.2d 235, 861 N.E.2d 50, supra )-was for the benefit of all City school children, including plaintiffs (see Buechel v. Bain, 97 N.Y.2d 295, 304, 740 N.Y.S.2d 252, 766 N.E.2d 914 [2001], cert. denied 535 U.S. 1096, 122 S.Ct. 2293, 152 L.Ed.2d 1051 [2002];  Green v. Santa Fe Indus., 70 N.Y.2d 244, 253, 519 N.Y.S.2d 793, 514 N.E.2d 105 [1987];  Weisz v. Levitt, 59 A.D.2d 1002, 399 N.Y.S.2d 720 [1977];  Stissing Natl. Bank v. Kaplan, 28 A.D.2d 1159, 284 N.Y.S.2d 320 [1967] ).

Plaintiffs' remaining arguments are unavailing.