Kickertz v. New York University

OPINION OF THE COURT

Andrias, J.

In this appeal, we consider to what extent, if any, plaintiffs claims against New York University (NYU) and three of its fac*271ulty members may be brought in a plenary action, rather than a CPLR article 78 proceeding, and to what extent, if any, they survive defendants’ motion to dismiss.

NYU dismissed plaintiff from its Dental College, without the possibility of reinstatement, based on the finding of a Peer Review Board on Ethics and Professionalism, after a disciplinary hearing, that she forged a patient treatment record and presented multiple patient encounter…