Jamestown School Board members discuss Maisto v. New York case (July 7, 2026)
The Jamestown School Board has approved having the law firm representing districts that are part of the Small Cities Lawsuit against New York State present to the board in October.
Biggerstaff law offices will give an update as to where the resolution of the Maisto v. New York State case is at this point. The district joined a number of school districts in the lawsuit in 2008, arguing that districts were not getting enough educational funding/resources to give their students, mainly poor and disadvantaged, what they needed to succeed and that this violated the state constitution.
The case is currently in the remedy stage after the New York State Appellate Court rejected an appeal by then Governor Andrew Cuomo in August 2021 of the court’s decision. The unanimous decision by the Third Appellate Division in May 2021 overturned Cuomo’s position that education aid to the eight small city school districts, including Jamestown, was constitutionally sufficient.
Board member Christine Schnars recommended the board wait to have the presentation until October due to a court case related to the matter being scheduled for September.
Board President Paul Abbott expressed his frustration over the state deliberately dragging out the legal process of paying small schools what they’re owed, “A judge ruled in our favor, the appellate unanimously supported that judgment, and the state is, they’ve tried a couple of things to change the state aid formula, which I went to a seminar about how they come up with the state aid formula, and walked away way more confused than I walked in. And, I mean, it’s honestly one of those they move things around so much they change this mathematical equation so much that you know I think until the judge actually sits there orders them, ‘You will give these districts x number of dollars.’”
Superintendent Dr. Kevin Whitaker said the districts’ goals are to change state foundation aid formulas so it’s fair for all districts in the state and for the eight small city school districts to be reimbursed for the funds lost over several decades. He said the district should receive $30 to $40 million from the lawsuit that would go specifically toward academic intervention. In 2022, Whitaker stated that the state is in arrears for over $100 million for the Jamestown Public Schools District, but he doubts the district will ever see that money.
The Jamestown School Board also swore in returning and a new member to the board as part of its reorganizational meeting. Paul Abbott and Christine Schnars returned to the board with Carm Proctor joining as a new member. She replaced John Panebianco who didn’t seek reelection. Abbott was once again voted to lead as Board President with Board Member Joe Pawelski being named Vice President.
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