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MITCHELL v. LONG IS. UNIV.

62 Misc.2d 733 (1970)

Noah Mitchell, an Infant by His Mother, Alice Mitchell, Petitioner, v. Long Island University, Respondent.

Supreme Court, Special Term, Nassau County.

January 22, 1970

Attorney(s) appearing for the Case

Robert Shulman for petitioner. Francis A. McGrath for respondent.

MARIO PITTONI, J.

In this proceeding pursuant to CPLR article 78 petitioner's motion to strike "the first and second defenses" of the answer is denied. Respondent's motion to dismiss the petition is granted.

The petition alleges that respondent was arbitrary and capricious on May 28, 1969 in expelling petitioner's son, Noah Mitchell, a student at C. W. Post College of Long Island University...

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