Lusardi v. State University

—Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, reinstatement in the PhD program of the Department of Electrical and Computer Engineering (ECE) at respondent State University of New York at Buffalo. Supreme Court properly dismissed the petition. Petitioner contends that the determination to dismiss him from the program after he failed to pass the qualifying examination on two separate occasions was arbitrary and capricious because he was misled by a faculty member concerning whether a certain topic would be…