PEREZ v. BARUCH COLLEGE

112000/08

2009 NY Slip Op 31422(U)

EDIBERTO PEREZ, Plaintiff, v. BARUCH COLLEGE and THE CITY UNIVERSITY OF NEW YORK, Defendants.

Supreme Court, New York County.

June 26, 2009.


Decision and Order

SOLOMON, Judge.

Defendants Baruch College (Baruch) and the City University of New York (CUNY) move, pursuant to CPLR 3211 (a) (2) and (7), to dismiss the complaint on the grounds that plaintiff Ediberto Perez did not exhaust his administrative remedies, and that the statutory provision under which he sues does not include a private right of action.

Background

The following factual allegations are set forth in the complaint...

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