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KEYISHIAN v. BOARD OF REGENTS OF UNIVERSITY OF STATE OF N. Y.

Civ. A. No. 10994.

255 F.Supp. 981 (1966)

Harry KEYISHIAN, George Hochfield, Newton Garver, Ralph N. Maud, and George E. Starbuck, Plaintiffs, v. BOARD OF REGENTS OF the UNIVERSITY OF the STATE OF NEW YORK, Board of Trustees of the State University of New York, State University of New York at Buffalo, Samuel B. Gould, Clifford C. Furnas, J. Lawrence Murray, Arthur Levitt, Department of Civil Service of the State of New York, Civil Service Commission of the State of New York, Mary Goode Krone, and Alexander A. Falk, Defendants.

United States District Court W. D. New York.

January 5, 1966.

Attorney(s) appearing for the Case

Richard Lipsitz, of Lipsitz, Green & Fahringer, Buffalo, N. Y. (Rosario J. DiLorenzo, Buffalo, N. Y., on the brief), for plaintiffs.

John C. Crary, Jr., Albany, N. Y. (Richard A. Foster and David L. Segel, Albany, N. Y., on the brief), for defendants Board of Trustees—State University of New York, State University of New York at Buffalo, Clifford C. Furnas, Samuel B. Gould, and J. Lawrence Murray.

Ruth Kessler Toch, Albany, N. Y. (Louis J. Lefkowitz, Atty. Gen. of State of New York, on the brief), for defendants Board of Regents of University of State of New York, Department of Civil Service of State of New York, Civil Service Commission of State of New York, Mary Goode Krone, and Alexander A. Falk.

Before MOORE, Circuit Judge, BURKE, Chief Judge, and HENDERSON, District Judge.

MOORE, Circuit Judge.

This suit challenges the constitutionality of Sections 3021 and 3022 of the New York Education Law, Section 105 of the New York Civil Service Law, Section 244 of Article XVIII of the Rules of the Board of Regents of the State of New York, and the procedures used under these various statutes and regulations. Section 105 of the Civil Service Law and Sections 3021 and 3022 of the Education Law, as they are now in effect, are set forth in the margin...

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