Patti Ann H. v. New York Medical College

Full title: In the Matter of PATTI ANN H., Appellant-Respondent, v. NEW YORK MEDICAL…

Court: Court of Appeals of the State of New York

Date published: Dec 14, 1982

58 N.Y.2d 734 (N.Y. 1982)

459 N.Y.S.2d 27

445 N.E.2d 203

Opinion

Decided December 14, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE BEISHEIM, JR., J.

Leonard N. Flamm for appellant-respondent.

Richard J. Concannon for respondent-appellant.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs. The determination of the Appellate Division is correct in view of that court's finding that New York Medical College's dismissal of petitioner for academic cause was made in good faith and on the basis of the exercise of sound academic judgment (see Matter of Olsson v Board of Higher Educ., 49 N.Y.2d 408; Tedeschi v Wagner Coll., 49 N.Y.2d 652; Matter of Sofair v State Univ. of N Y Upstate Med. Center Coll. of Medicine, 44 N.Y.2d 475). Respondent medical college's cross appeal dismissed, without costs, upon the ground that the cross appellant is not a party aggrieved (CPLR 5511).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.