Legal Opinion

Lowinger v. Touro College

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1994PublishedCited by 1 opinion

1Opinion of the Court

—Order and judgment (one paper), Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered November 9, 1992, which denied petitioner’s motion for injunctive relief and dismissed his CPLR article 78 petition to be reinstated as a student in respondent school, unanimously affirmed, with costs.

Petitioner’s allegations merely attack the substantive evaluation of his academic performance and are thus beyond judicial review (Matter of Susan M. v New York Law School, 76 NY2d 241, 246). Nor do respondent’s dismissal policy and procedures offend Constitutional notions of due process.…

2Cases cited2 opinions

  1. Susan M. v. New York Law SchoolNew York Court of Appeals · 1990
  2. Lowinger v. State University of New York Health Science CenterAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. Benson v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1995

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