Opinion
October 17, 1994
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner commenced this CPLR article 78 proceeding in October 1992 to challenge the respondent's giving her a failing grade in a clinical program and subsequently expelling her from CUNY Law School. The petitioner alleged that the respondent's acts were arbitrary, capricious, and an abuse of discretion.
Determinations regarding a student's academic qualifications rest upon the subjective professional judgments of trained educators (see, Matter of Olsson v. Board of Higher Educ., 49 N.Y.2d 408). On the present record before this Court, we find no evidence that the respondent's professional judgment was rendered in an arbitrary and capricious manner. Thus, the petition fails to state a legally cognizable cause of action and was properly dismissed (see, Matter of Susan M. v. New York Law School, 76 N.Y.2d 241). Bracken, J.P., Lawrence, Santucci and Goldstein, JJ., concur.