TM PARK AVE. ASSOCIATES v. PATAKI

Docket No. 99-7479.

214 F.3d 344 (2000)

TM PARK AVENUE ASSOCIATES, Plaintiff-Appellee, W.E.A. Associates, and John Hancock Mutual Life Insurance Co., Plaintiffs-Intervenors-Appellees, v. George PATAKI, Individually and as Governor of the State of New York, Carl H. McCall, Individually and as the Comptroller of New York State, New York State Department of Audit & Control, State University of New York, Frederick Salerno, Individually and as Chairman of the Board of Trustees of the State University of New York, Board of Trustees of the State University of New York, Thomas A. Bartlett, Individually and as Chancellor of the State University of New York, New York State Dormitory Authority, The State of New York, Lonnie Clar, Individually and as Associate Counsel to the State University of New York, and Irving Freedman, Individually and as Vice Chancellor of Capital Facilities of the State University of New York and General Manager of the State University Construction Fund, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 5, 2000.


Attorney(s) appearing for the Case

Victor Paladino, Assistant Attorney General, State of New York, Albany, N.Y. (Eliot Spitzer, Attorney General, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Gina Ciccone, Assistant Attorneys General, State of New York, Albany, NY, of counsel), for Appellants.

David J. Mark, Rosenman & Colin, New York City, for Appellee W.E.A. Associates.

P. Bradley O'Neill, Debevoise & Plimpton, New York City, for Appellee John Hancock Mutual Life Insurance Co.

Deborah F. Howitt, Murphy, MacKenzie, Michaels & Sullivan, Boston, MA, for Appellee TM Park Avenue Associates.

Before: MESKILL, JACOBS and LEVAL, Circuit Judges.


MESKILL, Circuit Judge:

Defendants-appellants, New York State Dormitory Authority and various state officials (collectively "SUNY") appeal the decision of the United States District Court for the Northern District of New York, McAvoy, C. J., holding that a New York statute, Chapter 312(4) of the 1995 Laws of New York, violates the Contract Clause of the United States Constitution. The district court found that the legislation impaired SUNY's lease with plaintiff...

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