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Case 1:05-cv-01523-GLS-DRH Document 5 Filed 12/22/2005 Page 1 of 4
Plaintiff,
v. 1:05-CV-1523
(GLS/DRH)
STATE UNIVERSITY OF NEW YORK
AT ALBANY,
Defendant.
________________________________
APPEARANCES: OF COUNSEL:
Gary L. Sharpe
U.S. District Judge
I. Introduction
Dockets.Justia.com
Case 1:05-cv-01523-GLS-DRH Document 5 Filed 12/22/2005 Page 2 of 4
activities, requiring SUNYA to permit him to register for classes for the
upcoming Spring 2006 semester. For the reasons that follow, Barea’s
motion is DENIED.
II. Discussion
Ass’n, Inc. 965 F.2d 1224, 1228 (2d Cir. 1992). “[A] preliminary injunction
Diversified Mortgage Investors v. U.S. Life Title Ins. Co., 544 F.2d 571, 576
the injunction is necessary to prevent irreparable harm and (b) either that
(i) [he] is likely to succeed on the merits of the underlying claim or (ii) there
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Case 1:05-cv-01523-GLS-DRH Document 5 Filed 12/22/2005 Page 3 of 4
make it a fair ground for litigation and that the balance of the hardships tips
decidedly toward the movant.” Eng v. Smith, 849 F.2d 80, 81-82 (2d Cir.
merely maintain the status quo, but rather grants the movant substantially
all the relief he ultimately seeks, as is the case here, an even more
more likely to succeed than fail (together, of course, with the requisite
irreparable injury).” Hogan v. Russ, 890 F. Supp. 146, 150 (N.D.N.Y. 1995)
register for classes in the Spring. To the extent Barea claims that SUNYA
above. Moreover, Barea concedes that the university has a policy in place
prohibiting students from registering for classes when they have failed to
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Case 1:05-cv-01523-GLS-DRH Document 5 Filed 12/22/2005 Page 4 of 4
motion is DENIED.
WHEREFORE, it is hereby
and it is further
ORDERED that the Clerk serve a copy of this Decision and Order
IT IS SO ORDERED.