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In the Matter of Katie Kickertz, Respondent,v.New York University, Appellant.

Brief

36 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,556 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. U.S. v. Garcia

    413 F.3d 201 (2d Cir. 2005)   Cited 444 times   3 Legal Analyses
    Holding that a district court abused its discretion in admitting a police officer's opinion "reached in the course of his investigation" as lay testimony, because, although the officer may have personally investigated the conspiracy in question, he based his opinion of the facts he observed on "his specialized training and experience"

  3. 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

  4. Nestorowich v. Ricotta

    97 N.Y.2d 393 (N.Y. 2002)   Cited 162 times
    Holding that improper "'error in judgment' charge was harmless"; "the evidence so clearly supports a verdict in favor of the defendant . . . Supreme Court's error did not prejudice a substantial right of the plaintiff"

  5. 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.

  6. 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"

  7. 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

  8. Matter of Susan M v. Law School

    76 N.Y.2d 241 (N.Y. 1990)   Cited 118 times
    Holding that strong policy considerations militate against courts intervening in controversies relating to educational institution's judgment of student's academic performance

  9. Badr v. Hogan

    75 N.Y.2d 629 (N.Y. 1990)   Cited 103 times
    Holding that the trial court committed reversible error in permitting defense counsel to cross-examine plaintiff in contravention of the rule barring the use of extrinsic evidence to contradict a witness's answers on collateral matters — here, her denial that she had received public welfare funds to which she was not entitled — for the sole purpose of impeaching the witness's credibility

  10. Chathas v. Local 134 Ibew

    233 F.3d 508 (7th Cir. 2000)   Cited 58 times   1 Legal Analyses
    Stating that "[j]udgments are appealable; opinions are not"

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 539 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  12. Section 500.10 - Examination of subject matter jurisdiction

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.10   Cited 14 times
    Failing to raise issues before Court of Appeals precludes further review because the Petitioner has already made the one application for leave to appeal to which he is entitled