Judge denies motion to dismiss Ark school case - NEWS10 ABC: Albany, New York News, Weather, Sports

Judge denies motion to dismiss Ark school case

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TROY, N.Y. – A judge has denied the state’s motion to dismiss the Ark Community Charter school case.

The SUNY Charter School Committee voted 2-1 to not renew the Ark’s charter for next year citing poor performance on test scores.

The school filed a petition in state supreme court in an effort to keep the school open. The state Supreme Court later issued a temporary restraining order to keep Ark Community Charter School open.

Now, Judge Melkonian has denied the state’s motion to dismiss the case.

Steven Axelrod is the Chairman of the Ark Community Charter School Board of Trustees.

“We are thrilled that judge Melkonian will hear our case,” he said. “SUNY’s decision to close the Ark was wrong from the start. Now the voices of students, families and the growing number of community supporters will be heard.”

John Henry is the Ark’s attorney.

“The court has denied the state’s motion to dismiss,” he said. “Having said that, Judge Melkonian has further directed the state to answer the petition by June 20, and the court will then review the merits of Ark’s claim.”

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