The Department of Education, expressing its "disappointment" with today's ruling for the UFT and NAACP by State Supreme Court Judge Joan B. Lobis, vowed to appeal the decision.

A statement issued by Michael A. Cordozo, corporation counsel, reads:

"We are disappointed by today's ruling, which, unless it is reversed, requires the Department of Education to keep open schools that are failing our children. Contrary to the ruling, we believe that the Department of Education complied with the notice and public hearing requirements in the new law. The Court did not take into account the extra efforts made by the Department to supply the relevant facts and to keep all interested parties informed of the process.

"We also believe that the Court made errors of law when it granted the petitioners the standing to maintain this proceeding, when it weighed the legal standard for compliance with the statute, and in entering its injunction.

"We plan on seeking an immediate appeal."