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MATTER OF AWAD v. FORDHAM UNIV.

Index No. 153826/17. Appeal No. 12698. Case No. 2020-00843.

189 A.D.3d 605 (2020)

139 N.Y.S.3d 154

2020 NY Slip Op 07695

In the Matter of Ahmad Awad et al., Respondents, v. Fordham University, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 22, 2020.

Attorney(s) appearing for the Case

Cullen and Dykman LLP, Garden City ( James G. Ryan of counsel), for appellant.

Maria C. LaHood and Alan Levine , Center for Constitutional Rights, New York, for respondents.

Aaron Eitan Meyer , Hauppauge, for Standwithus, amicus curiae.

Herbst Law PLLC, New York ( Robert L. Herbst of counsel), for Jewish Studies Scholars, amici curiae.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

The motion to amend the petition should have been denied, as petitioner Shetty, who was not a student at respondent university when the original petitioners' application for recognition of a student club was rejected, lacks standing to challenge a determination that caused him no injury in fact (see New York State Assn. of Nurse Anesthetists v Novello, 2 N.Y.3d 207, 211 [2004]). To the extent Shetty, now that he has matriculated...

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