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SCHARE v. STATE UNIVERSITY OF N. Y. AT STONY BROOK

No. 75 C 649.

437 F.Supp. 969 (1977)

Mitchell SCHARE, Donald Stefannski, Lesia Gajdycz, Jason Manne, Thomas Salzer and Earle Weprin, on behalf of themselves, and all others similarly situated and affected by the New York State University at Stony Brook Regulations (i. e. the mandatory on-campus residency requirement, the mandatory meal plan and the mandatory cooking fee) as hereinafter alleged, Plaintiffs, v. STATE UNIVERSITY OF NEW YORK AT STONY BROOK, and John S. Toll, in his capacity as President of the State University of New York at Stony Brook, Defendants.

United States District Court, E. D. New York.

September 22, 1977.

Attorney(s) appearing for the Case

Behringer, Hurley & Hurley by Denis R. Hurley, Riverhead, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York by A. Seth Greenwald, Asst. Atty. Gen., New York City, for defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

The plaintiffs have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The defendants have cross-moved for summary judgment.

FACTS

The named plaintiffs are students at the State University of New York at Stony Brook ("SUNY"). They have brought this action on behalf of themselves and all others similarly situated...

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