Esmail v. State University of New York Health Science Center At Brooklyn

—Order, Supreme Court, New York County (Martin Stecher, J.), entered November 1, 1994, which, in a proceeding pursuant to CPLR article 78 to annul respondent medical school’s determination dismissing petitioner as a student, granted respondent’s cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The record contains ample basis for a finding that respondent relied on appropriate academic criteria in dismissing petitioner, that petitioner’s academic performance was deficient as measured by respondent’s standards, and that no…