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OTTAVIANI v. STATE U. OF NEW YORK AT NEW PALTZ

No. 985, Docket 80-7601.

646 F.2d 21 (1981)

Roberta OTTAVIANI, Individually and on behalf of all other persons similarly situated, Plaintiff, and Elinor Boice, Intervenor-Plaintiff-Appellant, v. STATE UNIVERSITY OF NEW YORK AT NEW PALTZ and Clifton R. Wharton, Jr., in his capacity as Chancellor of the State University of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 16, 1981

Opinion April 29, 1981.

Attorney(s) appearing for the Case

Caroline V. Rider, Weiner & Rider, Red Hook, N. Y., for plaintiff-appellant.

Patricia C. Armstrong, Asst. Atty. Gen., State of N. Y., New York City (Robert Abrams, Atty. Gen., State of N. Y., George D. Zuckerman, Asst. Sol. Gen., State of N. Y., New York City, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and LUMBARD and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

Plaintiff-intervenor Elinor Boice appeals from an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe, J., granting the motion of defendant-appellee State University of New York at New Paltz (SUNY) to reconsider and vacate an earlier motion allowing appellant Boice to intervene as a party plaintiff in the class action suit of Ottaviani v. SUNY. In granting defendant's motion, Judge Lowe stated that the district...

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