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INTERBORO INSTITUTE, INC. v. FOLEY

No. 197, Dockets 92-7277, 92-7315.

985 F.2d 90 (1993)

INTERBORO INSTITUTE, INC., Plaintiff-Appellee-Cross-Appellant, v. Cornelius J. FOLEY, individually and as President of the New York State Higher Education Services Corporation, the Higher Education Services Corporation, Edward V. Regan, individually and as Comptroller of the State of New York and the Office of the Comptroller of the State of New York, Department of Audit and Control, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 5, 1993.

Attorney(s) appearing for the Case

Richard M. Kraver, New York City (David M. Levy, Richard A. Braunstein, Kraver & Levy, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Daniel Smirlock, Asst. Atty. Gen. of State of NY, Albany, NY (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of counsel), for Defendants-Appellants-Cross-Appellees.

Before: NEWMAN, WINTER and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

Interboro Institute, Inc., an accredited junior college, appeals from Judge McAvoy's denial of its motion for a preliminary injunction.1 Interboro claims its Fourteenth Amendment due process rights were violated when the President of the Higher Education Services Corporation ("HESC"), Cornelius Foley, adopted, without an evidentiary hearing, the findings of the Office of the Comptroller of the State of New York ...

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