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SOFAIR v. STATE UNIV.

54 A.D.2d 287 (1976)

In the Matter of E. Ezra Sofair, Appellant, v. State University of New York Upstate Medical Center College of Medicine, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 12, 1976

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Richard Cook of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Sidney Grossman and Ruth Kessler Toch of counsel), for respondent.

CARDAMONE and WITMER, JJ., concur with GOLDMAN, J.; MARSH P. J., and SIMONS, J., dissent and vote to affirm the judgment in an opinion by SIMONS, J.

GOLDMAN, J.

Petitioner E. Ezra Sofair brought this article 78 proceeding seeking to compel the respondent State University of New York Upstate Medical Center College of Medicine (Medical College) to reinstate him as a student in good standing. Special Term found that "Petitioner has failed to show the necessary bad faith or clear abuse on the part of the Grades Committee in order to establish that the committee...

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