Krysty v. State University

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered July 12, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, reinstatement in respondent’s doctoral degree program. We reject the contention of petitioner that respondent violated his right to due process by failing to respond to his initial…