Ottaviani v. State University of New York at New Paltz

Second Circuit

Ottaviani v. State University of New York at New Paltz

646 F.2d 21

CourtCourt of Appeals for the Second Circuit

DecidedApril 16, 1981

DocketNo. 985, Docket 80-7601

StatusPublished

Cited by1 cases

This text of 646 F.2d 21 (Ottaviani v. State University of New York at New Paltz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ottaviani v. State University of New York at New Paltz, 646 F.2d 21 (2d Cir. 1981).

Pincite

Opinion

PER CURIAM:

Plaintiff-intervenor Elinor Boice appeals from an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe, J., granting the motion of defendant-appellee State University of New York at New Paltz (SUNY) to reconsider and vacate an earlier motion allowing appellant Boice to intervene as a party plaintiff in the class action suit of Ottaviani v. SUNY. In granting defendant’s motion, Judge Lowe stated that the district court was bound by the opinion of this court in Sinicropi v. Nassau County, 601 F.2d 60 (2d Cir.) (per curiam), cert. denied, 444 U.S. 983, 100 S.Ct. 488, 62 L.Ed.2d 411 (1979). We agree that that decision and our more recent opinion in Kremer v. Chemical Construction Corp., 623 F.2d 786 (2d Cir. 1980), require the result reached by the district court. We realize that there is a split in authority in the circuits, ably brought to our attention by appellant’s counsel, but we feel compelled to follow our own precedents.

The judgment of the district court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Plaintiff-intervenor Elinor Boice appeals from an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe, J., granting the motion of defendant-appellee State University of New York at New Paltz (SUNY) to reconsider and vacate an earlier motion allowing appellant Boice to intervene as a party plaintiff in the class action suit of Ottaviani v. SUNY. In granting defendant’s motion, Judge Lowe stated that the district court was bound by the opinion of this court in Sinicropi v. Nassau County, 601 F.2d 60 (2d Cir.) (per curiam), cert. denied, 444 U.S. 983, 100 S.Ct. 488, 62 L.Ed.2d 411 (1979). We agree that that decision and our more recent opinion in Kremer v. Chemical Construction Corp., 623 F.2d 786 (2d Cir. 1980), require the result reached by the district court. We realize that there is a split in authority in the circuits, ably brought to our attention by appellant’s counsel, but we feel compelled to follow our own precedents.

The judgment of the district court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

646 F.2d 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ottaviani-v-state-university-of-new-york-at-new-paltz-ca2-1981.

Opinion

Related

Cite This Page — Counsel Stack