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SCELSA v. CITY UNIVERSITY OF NEW YORK

No. 1063, Docket 95-7975.

76 F.3d 37 (1996)

Joseph V. SCELSA, Individually and as Director of the John D. Calandra Italian American Institute of the City University of New York, Plaintiff-Appellant, v. CITY UNIVERSITY OF NEW YORK and W. Ann Reynolds, individually and as Chancellor of the City University of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 25, 1996.

Attorney(s) appearing for the Case

Howard R. Birnbach, Great Neck, NY (Culleton, Marinaccio & Foglia, of counsel), for Plaintiff-Appellant.

A. Leon Higginbotham, Jr., New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Steven B. Rosenfeld, Stuart M. Cobert, and Anthony B. Radin, of counsel), for Defendants-Appellees.

Before: NEWMAN, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff Joseph V. Scelsa, individually and as Director of the John D. Calandra Italian American Institute (the Institute) of the City University of New York (CUNY), appeals from an order of the United States District Court for the Southern District of New York (Constance Baker Motley, J.). The order denied, for lack of subject matter jurisdiction, Scelsa's motion for a preliminary injunction enforcing a settlement agreement previously executed...

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