With no explanation, chose the best option from "A", "B", "C" or "D". facts set forth in the complaint, we may also consider documents attached thereto and incorporated by reference therein, Automated Salvage Transport, Inc. v. Wheelabrator Envtl. Sys., Inc., 155 F.3d 59, 67 (2nd Cir.1998), as well as matters of public record. Pani v. Empire Blue Cross Blue Shield, 152 F.3d 67, 75 (2d Cir.1998). II. Motion to Dismiss Copyright Claim Against Defendants CUNY and Institute Relying on this Court’s earlier determination that the Calandra Institute and CUNY be treated as arms of the State for Eleventh Amendment purposes and on the Supreme Court’s holding that states could not be sued for trademark violations unless they waived their Eleventh Amendment immunity, Florida Prepaid v. College Savings Bank, 527 U.S. 627, 636, 119 S.Ct. 2199, 144 L.Ed.2d 575 (1999) (<HOLDING>), these defendants maintain that they are

A: holding that congress may abrogate a states immunity pursuant to its enforcement power under  5 of the fourteenth amendment
B: holding that congress had no power under article i to abrogate state sovereign immunity
C: holding that states likewise retain immunity from private suit in their own courts which congress may not abrogate by article i legislation
D: holding that congress could not abrogate state sovereign immunity pursuant to the patent clause of article i
B.