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The State Supreme Court Justice due to hear our lawsuit challenging the Governor’s withholding of school funding agreed to postpone the first hearing on the case until January 20th.

The hearing had been scheduled for January 4th.

The request for the delay was made by NYSUT on behalf of all the groups filing suit, including the Council.  Writing to the Justice Roger McDonough, NYSUT’s Counsel explained,

Plaintiffs do not believe the court should have to decide a motion of this magnitude if the disputed payments are about to be made.

The Albany Times Union reports that aides to the Governor are contending that the state has not changed its position, that its plans to repay the aid have always been conditional, pending receipt of sufficient revenues.

A primary concern for the Council has been the threat that aid might never be paid.

But the response to our lawsuit filed by the state on December 23rd says, “…the school aid will be paid in the current fiscal year” and perhaps by the middle of this month.  The state’s current fiscal year ends on March 31st.

The complete passage in the state’s brief reads,

The School Aid payments that were withheld will be paid as soon as the Director [of the Budget] determines that such payment will not put the State at risk of not fulfilling other obligations.  If receipts from estimated taxes due in January are sufficient, the payments will most likely be made in early to mid-January.   Ultimately, however, because there are various other payments in early 2010 that can be delayed further, the school aid will be paid in the current fiscal year (p. 12).