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PIKULIN v. CITY UNIVERSITY OF NEW YORK

Docket No. 98-9236.

176 F.3d 598 (1999)

William PIKULIN and Savely Petreykov, Plaintiffs-Appellants, v. The CITY UNIVERSITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 13, 1999.

Attorney(s) appearing for the Case

William Pikulin and Savely Petreykov, Brooklyn, NY, Pro Se.

Mary Lynn Nicolas, Assistant Attorney General for the State of New York (Eliot Spitzer, Attorney General; John W. McConnell, Deputy Solicitor General; Robert A. Forte, Assistant Attorney General, of counsel), for Defendant-Appellee.

Before: CABRANES and SACK, Circuit Judges, and SHADUR, District Judge.

PER CURIAM.

We write principally to consider whether the City University of New York ("CUNY"), the defendant in the present action, is entitled to immunity under the Eleventh Amendment to the United States Constitution. This issue arises on an appeal by plaintiffs pro se William Pikulin and Savely Petreykov from a judgment of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge), dismissing plaintiffs' complaint...

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