United States Second Circuit
Jana-Rock Construction, Inc. v. New York State, 04-6328
Dismissal of plaintiff's claim against New York's race-based affirmative action program under the Equal Protection Clause is affirmed where plaintiff could not show that New York adopted its chosen definition of "Hispanic" for a discriminatory purpose or that its definition lacks a rational basis.
Appellate Information
- Decided 02/22/2006
- Published 02/22/2006
Judges
- SACK, Circuit Judge., Before: OAKES, JACOBS, and SACK, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Vic J. Kopnitsky, Jr., Menter, Rudin & Trivelpiece, P.C., Syracuse, NY, for Plaintiffs-Appellants.
- For Appellees:
- Michelle Aronowitz, Deputy Solicitor General (Eliot Spitzer, Attorney General for the State of New York, Caitlin J. Halligan, Solicitor General, Robert H. Easton, Deputy Solicitor General, and Benjamin N. Gutman and Ann P. Zybert, Assistant Solicitors General, of counsel), New York, NY, for Defendants-Appellees.