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MATTER OF LICHTEN v. SUNY

223 A.D.2d 302 (1996)

646 N.Y.S.2d 402

In the Matter of David Lichten et al., Appellants, v. State University of New York at Albany et al., Respondents. (Proceeding No. 1.) In the Matter of James Kane et al., Appellants, v. State University of New York at Albany et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 25, 1996

Attorney(s) appearing for the Case

King & Spalding, New York City (Stefan W. Engelhardt, Bernays T. Barclay, Michael E. Norton and Caryn B. Gottlieb of counsel), and Wein, Young, Fenton & Kelsy, P. C., Guilderland, for appellants.

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson and Peter H. Schiff of counsel), for respondents.

CARDONA, P. J., MERCURE, WHITE and PETERS, JJ., concur.

CASEY, J.

In an effort to achieve "a more gender equitable [intercollegiate athletic] program within the fiscal conditions of the State University of New York", respondent State University of New York at Albany (hereinafter SUNYA) determined in June 1994 that certain changes should be made to its varsity sports program, including the elimination of wrestling, men's tennis, and men's and women's swimming. At...

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