Opinion
March 17, 1994
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
Petitioner's allegations merely attack the substantive evaluation of his academic performance and are thus beyond judicial review (Matter of Susan M. v. New York Law School, 76 N.Y.2d 241, 246). Nor do respondent's dismissal policy and procedures offend Constitutional notions of due process. Petitioner, sophisticated in the realm of academic dismissal (see, Lowinger v. State Univ. of N.Y. Health Science Ctr., 180 A.D.2d 606, lv denied 80 N.Y.2d 753), had ample opportunity to present his case to respondent's various committees. He was offered an opportunity to re-enroll provided he took counseling and he declined. We have considered petitioner's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Ross, JJ.