The Campaign for Fiscal Equity will file a court motion today against the state in hopes of forcing it to hand over billions of additional dollars to the city in the upcoming school year for education.

A State Supreme Court judge last month said that an additional $5.6 billion in operating costs and $9.2 billion in facilities annually would have to be phased in over several years to ensure that city children receive a "sound, basic education."

Gov. George Pataki's office submitted a notice of appeal Friday afternoon, buying the state nine months to formally file an appeal to the judge's ruling. By filing the notice, there was an automatic stay of the judge's ruling, according to the Campaign for Fiscal Equity.

The state has argued that the matter should be remedied outside of the courts and that accountability measures should be established before the extra funds are allocated.

"The governor is committed to enacting a statewide solution that will benefit children of New York City and every corner of the state and include new reforms that will ensure greater accountability and performance in the classroom," said Peter Constantakes, a spokesman with the state budget office.

Michael Rebell, executive director of the Campaign for Fiscal Equity, the group that filed a suit in 1993 resulting in the judge's ruling, said the state is stalling.

"Invalidating the assumed stay may finally induce the governor and the legislature to comply with the court mandate and put an end to their cynical delay tactics," he said.