Schwarzmueller v. State University of New York

Mercure, J.P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent President of the State University of New York at Potsdam which, among other things, placed petitioner on disciplinary suspension.

In November 2011, petitioner was a first semester freshman at respondent State University of New York at Potsdam (hereinafter SUNY), majoring in music performance. While walking one night in the basement hallway of a campus dormitory, petitioner encountered a female student, who was…