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DIEHL v. ST. JOHN FISHER COLLEGE

278 A.D.2d 816 (2000)

718 N.Y.S.2d 516

SCOTT M. DIEHL, Appellant, v. ST. JOHN FISHER COLLEGE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion to dismiss the complaint. A CPLR article 78 proceeding was the proper vehicle for challenging plaintiff's dismissal from defendant's nursing program (see, Maas v Cornell Univ., 94 N.Y.2d 87, 92; Risley v Rubin, 272 A.D.2d 198; see also, Grogan v Saint Bonaventure...

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