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INTERBORO INSTITUTE, INC. v. MAURER

No. 96-CV-1955.

984 F.Supp. 119 (1997)

INTERBORO INSTITUTE, INC., Plaintiff, v. Robert J. MAURER, Individually and as President of Higher Education Services Corp.; H. Carl McCall, Individually and as Comptroller of the State of New York; Robert Attmore, Individually and as Deputy Comptroller of the State of New York; Richard P. Mills, Individually and as Commissioner of Education of the State of New York; Jeanine Grinage, Individually and as Deputy Commissioner for Higher and Professional Education of the New York State Department of Education; and Donald J. Nolan, Individually and as Former Commissioner for Higher and Professional Education of the New York State Department of Education, Defendants.

United States District Court, N.D. New York.

October 8, 1997.

Attorney(s) appearing for the Case

Kraver & Levy, LLP (David M. Levy, of Counsel), New York, NY, for plaintiff.

Dennis C. Vacco, Attorney General for State of New York (Judith A. Avent, Asst. Atty. Gen., of Counsel), Albany, NY, for defendants.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

A. Procedural History

Plaintiff, Interboro Institute, Inc. ("Interboro"), commenced this action against various present and former state officials of the New York State Comptroller's Office ("Comptroller"), the Department of Education and the Higher Education Services Corporation ("HESC"). The action arises from a determination of the Comptroller to disallow approximately...

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