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PAUK v. BOARD OF TRUSTEES OF CITY UNIVERSITY OF N. Y.

No. 877, Docket 80-9018.

654 F.2d 856 (1981)

Edgar PAUK, Plaintiff-Appellant, v. The BOARD OF TRUSTEES OF the CITY UNIVERSITY OF NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 22, 1981.

Rehearing and Rehearing Denied September 11, 1981.

Attorney(s) appearing for the Case

Jonathan A. Weiss, New York City (Oscar Chase and Edgar Pauk, New York City, on the brief), for plaintiff-appellant.

Edward F.X. Hart, New York City (Allen G. Schwartz, Corp. Counsel, and Ronald E. Sternberg, New York City, on the brief), for defendants-appellees.

Before TIMBERS and NEWMAN, Circuit Judges, and SOFAER, District Judge.

Rehearing and Rehearing In Banc Denied September 11, 1981.

NEWMAN, Circuit Judge:

This appeal concerns the recurring issue of determining the appropriate statute of limitations under New York law for actions commenced under 42 U.S.C. § 1983 (1976). The District Court for the Eastern District of New York (Jacob Mishler, Judge), applying New York's three-year limitations period for liability created or imposed by statute, N.Y.Civ.Prac.Law and Rules (CPLR...

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