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CHI IOTA COL. OF ALPHA EPSILON v. CITY UNIV. OF NY

No. 05-CV-2919(DLI)(MDG).

443 F.Supp.2d 374 (2006)

CHI IOTA COLONY OF ALPHA EPSILON PI FRATERNITY, Alex Khaychuk, Konstantin Novodorsky, Vitaly Ushrenko, Gennady Akselrud, Aleksander Baranov, David Borowik, Roman Burtman, Danny Kane, Mike Lantino, Josh Malek, Danny Markowitz, Even McKiernan, Ryan Richmond, Billy Ruppert, Brian Thomson, Jonathan Torres, Steve Verbitsky, and Moshe Zeitouni, Plaintiffs, v. CITY UNIVERSITY OF NEW YORK, Marlene Springer, Carol L. Jackson, and Carol Brower, Defendants.

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

August 11, 2006.

Attorney(s) appearing for the Case

Gregory F. Hauser, Alston & Bird LLP, New York City, for Plaintiffs.

Eugene Benger, NYS Office of the Attorney General, Stephen Michael Jacoby, New York State Attorney General, Litigation Bureau, New York City, for Defendants.

MEMORANDUM & ORDER

IRIZARRY, District Judge.

This case concerns the constitutional limits of a state university to deny official recognition to an all-male social fraternity group on the basis that such group violates the university's policy against gender discrimination. Before the court is plaintiffs' motion for a preliminary injunction and defendants' cross-motion to dismiss plaintiffs' claims pursuant to Fed.R.Civ.P. 12(b)(6). The court considers...

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