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ANDERSON v. STATE UNIVERSITY OF NEW YORK

Docket No. 98-7025.

169 F.3d 117 (1999)

Dr. Janice W. ANDERSON, Ph.D., Plaintiff-Appellee, v. STATE UNIVERSITY OF NEW YORK, College at New Paltz, Board of Trustees of the State University of New York, The Board of Regents of the State University of New York, Dr. Carl T. Hayden, Ph.D., in his official capacity as Chancellor of the State University of New York, Dr. Alice Chandler, Ph.D., in her official capacity as President and Chief Administrator of the State University of New York, College of New Paltz, and Dr. Thomas A. Bartlett, Ph.D., in his official capacity as Chancellor of the State University of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Andrea Oser, Assistant Attorney General, Albany, N.Y. (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, of counsel), for Defendants-Appellants.

Ronald G. Dunn, Gleason, Dunn, Walsh & O'Shea, Albany, NY, for Plaintiff-Appellee.

Seth M. Galanter, Department of Justice, Washington, DC (Bill Lann Lee, Acting Assistant Attorney General, Jessica Dunsay Silver, of counsel), for United States as Intervenor. (Janice Goodman and Sean Farhang, Goodman & Zuchlewski LLP, New York, NY, submitted a brief for amici curiae National Employment Lawyers Association, National Women's Law Center, National Partnership for Women & Families, Equal Rights Advocates, and Employment Law Center).

Before: LEVAL and STRAUB, Circuit Judges, and POLLACK, District Judge.

PER CURIAM:

Defendants State University of New York, College at New Paltz, et al., appeal from a December 12, 1997, order of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge), denying their motion to dismiss Plaintiff Dr. Janice W. Anderson's claim pursuant to the Equal Pay Act of 1963, 29 U.S.C. § 206(d) ("EPA"), for lack of subject matter jurisdiction under the Eleventh Amendment. For the reasons that...

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