Opinion
Argued October 10, 2001.
November 5, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Pace University, dated March 10, 1999, which dismissed the petitioner for academic deficiency, the appeal is from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered February 14, 2000, which denied the petition and dismissed the proceeding.
Judy Cunningham, Scarsdale, N.Y., appellant pro se.
Lisa Montanaro, New York, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed, without costs or disbursements.
"[S]trong policy considerations militate against the intervention of courts in controversies relating to an educational institution's judgment of a student's academic performance" (Matter of Susan M. v. New York Law School, 76 N.Y.2d 241, 245). Although determinations of academic performance are not completely beyond judicial review, such review is limited to the question of whether the determination was arbitrary and capricious, irrational, made in bad faith, or contrary to the Constitution or a statute (see, Matter of Susan M. v. New York Law School, supra, at 246; Matter of Ratigan v. Daemen Coll., 273 A.D.2d 891; Auguste v. New York Hosp. Med. Ctr. of Queens, 260 A.D.2d 589; Matter of Williams v. State Univ. of N.Y. — Health Science Ctr. at Brooklyn, 251 A.D.2d 508). We find no evidence to establish that the respondent's determination to dismiss the petitioner was arbitrary or capricious, irrational, or made in bad faith or contrary to the Constitution or a statute.
The petitioner's remaining contentions are without merit.
RITTER, J.P., SANTUCCI, FEUERSTEIN and ADAMS, JJ., concur.