Legal Opinion

McIntosh v. Borough of Manhattan Community College

New York Court of Appeals

Decided February 9, 1982PublishedCited by 10 opinions

1Opinion of the Court

*915OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree that the issue considered by the Appellate Division is governed by Olsson v Board of Higher Educ. (49 NY2d 408; see, also, Matter of Hymes v Schechter, 6 NY2d 352) and that the college did not act capriciously or arbitrarily in refusing to round off petitioner’s 69.713 grade to a passing grade of 70.00.

Petitioner raised additional points at Special Term concerning violation of her right to due process and the correctness of her answers to two examination questions which her professor…

2Cases cited5 opinions

  1. Board of Curators of the University of Missouri v. HorowitzSupreme Court of the United States · 1978
  2. Tedeschi v. Wagner CollegeNew York Court of Appeals · 1980
  3. Olsson v. Board of Higher EducationNew York Court of Appeals · 1980
  4. Hymes v. SchechterNew York Court of Appeals · 1959
  5. Gray v. NiesleyNew York Supreme Court · 1962

3Cited by10 opinions

  1. Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
  2. Susan M. v. New York Law SchoolNew York Court of Appeals · 1990
  3. Board of Education of Northport-East v. AmbachAppellate Division of the Supreme Court of the State of New York · 1982
  4. Duffy v. Holt-HarrisAppellate Division of the Supreme Court of the State of New York · 1990
  5. Guida v. New York City Department of PersonnelAppellate Division of the Supreme Court of the State of New York · 1997

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