14 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,553 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  2. Matter of Kelly v. Safir

    96 N.Y.2d 32 (N.Y. 2001)   Cited 398 times
    Confirming penalty of dismissal despite prior exemplary service and commendations
  3. Kickertz v. N.Y. Univ.

    110 A.D.3d 268 (N.Y. App. Div. 2013)   Cited 78 times
    In Kickertz v New York Univ., 110 A.D.3d 268, 276-277 [1st Dept 2013], a case brought by a dental student at New York University (NYU) who was expelled after a disciplinary committee found that she violated NYU's Code of Ethics, the defamation claim included statements that the plaintiff failed to show up at a dental clinic, failed to meet with the professor to check her graduation requirements, and that the plaintiff informed the professor that she was aware that she was deficient in her graduation requirements.
  4. Tedeschi v. Wagner College

    49 N.Y.2d 652 (N.Y. 1980)   Cited 188 times
    Holding that "when a university has adopted a rule or guideline establishing the procedure to be followed in relation to suspension or expulsion that procedure must be substantially observed"
  5. Council of Teachers v. Boces

    63 N.Y.2d 100 (N.Y. 1984)   Cited 162 times

    Decided September 20, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Bernard McCaffrey, J. Stanley A. Immerman for appellant. Seymour H. Kligler for Board of Cooperative Educational Services of Nassau County, respondent. MEYER, J. When the respondent in an article 78 proceeding challenges petitioner's standing only, it is error to dismiss the petition on the merits prior to service of respondent's answer. The mandate of CPLR 7804 (subd [f]) that, "If

  6. Olsson v. Bd. of Higher Educ

    49 N.Y.2d 408 (N.Y. 1980)   Cited 178 times
    Recognizing judicial reluctance to intervene in controversies involving academic standards
  7. In the Matter of Ebert v. Yeshiva University

    28 A.D.3d 315 (N.Y. App. Div. 2006)   Cited 26 times
    Upholding expulsion from private university where determination had been made pursuant to "informal processes and limitations" set forth in disciplinary rules
  8. Bethelite v. City of N.Y

    2007 N.Y. Slip Op. 4725 (N.Y. 2007)   Cited 23 times

    No. 126 SSM 12. Decided June 7, 2007. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 9, 2006. The Appellate Division affirmed an order and judgment of the Supreme Court, New York County (Shirley Werner Kornreich, J.), entered in a proceeding pursuant to CPLR article 78, which had granted a petition to compel respondent Department of Environmental Protection of the City of New York (DEP) to

  9. Idahosa v. Farmingdale State Coll.

    97 A.D.3d 580 (N.Y. App. Div. 2012)   Cited 11 times

    2011-09030 2012-06123 Index No. 23118/10 07-05-2012 In the Matter of Omoike Idahosa, respondent, v. Farmingdale State College, appellant. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for appellant. Omoike Idahosa, Bronx, N.Y., respondent pro se. RUTH C. BALKIN , J.P. RANDALL T. ENG JOHN M. LEVENTHAL CHERYL E. CHAMBERS, JJ. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel)

  10. In re Dequito

    68 A.D.3d 559 (N.Y. App. Div. 2009)   Cited 12 times

    No. 1817. December 17, 2009. Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about July 1, 2008, which denied the CPLR article 78 petition to set aside respondent's determination to expel petitioner on the grounds of plagiarism, unanimously affirmed, without costs. Woods Lonergan, LLP, New York (James Francis Woods of counsel), for appellant. Ward Norris Heller Reidy LLP, Rochester (Heidi S. Martinez of counsel), for respondent. Before: Gonzalez, P.J., Mazzarelli, Nardelli