McConnell v. Le Moyne College

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (Edward D. Garni, J), entered October 6, 2005 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the petition in part and as modified the judgment is affirmed without costs, and respondent is directed to reinstate petitioner as a matriculated student in the Master of Science for Teachers program forthwith.

*1067Memorandum: While still an…