Casey Seiler is reporting at Capitol Confidential the state Appellate Division's Third Department Thu., May 5, upheld a lower court decision to dismiss a 2013 lawsuit filed by the New York State United Teachers union against the 2011 law that established the state's two percent flexible tax cap. The union claimed the law was unconstitutional and was damaging to the public education system. In its 12-page opinion, the court knocked down the lawsuit's equal protection claims. It noted the state is required to provide the opportunity of a sound basic education, not the same level of services for every school district. Union spokesman Carl Korn said that while the union was still reviewing the decision, the plaintiffs are very likely to take the case to the state Court of Appeals. Read the full story at Capitol Confidential, a Times Union blog.