Diehl v. St. John Fisher College

Appellate Division of the Supreme Court of New York

Diehl v. St. John Fisher College

278 A.D.2d 816, 718 N.Y.S.2d 516, 2000 N.Y. App. Div. LEXIS 13724

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 2000

StatusPublished

Cited by6 cases

This text of 278 A.D.2d 816 (Diehl v. St. John Fisher College) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diehl v. St. John Fisher College, 278 A.D.2d 816, 718 N.Y.S.2d 516, 2000 N.Y. App. Div. LEXIS 13724 (N.Y. Ct. App. 2000).

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Opinion

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 plaintiffs dismissal from defendant’s nursing program (see, Maas v Cornell Univ., 94 NY2d 87, 92; Risley v Rubin, 272 AD2d 198; see also, Grogan v Saint Bonaventure Univ., 91 AD2d 855; Matter of Gray v Canisius Coll., 76 AD2d 30, 33), [817]*817and any such challenge is time-barred because plaintiff failed to commence a proceeding within four months of his termination (see, CPLR 217). (Appeal from Order and Judgment of Supreme Court, Monroe County, Bergin, J. — Dismiss Pleading.) Present — Pigott, Jr., P. J., Green, Pine, Kehoe and Balio, JJ.

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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 plaintiffs dismissal from defendant’s nursing program (see, Maas v Cornell Univ., 94 NY2d 87, 92; Risley v Rubin, 272 AD2d 198; see also, Grogan v Saint Bonaventure Univ., 91 AD2d 855; Matter of Gray v Canisius Coll., 76 AD2d 30, 33), [817]*817and any such challenge is time-barred because plaintiff failed to commence a proceeding within four months of his termination (see, CPLR 217). (Appeal from Order and Judgment of Supreme Court, Monroe County, Bergin, J. — Dismiss Pleading.) Present — Pigott, Jr., P. J., Green, Pine, Kehoe and Balio, JJ.

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Bluebook (online)

278 A.D.2d 816, 718 N.Y.S.2d 516, 2000 N.Y. App. Div. LEXIS 13724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diehl-v-st-john-fisher-college-nyappdiv-2000.

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