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MATTER OF McINTOSH v. BOROUGH OF MANHATTAN CMTY. COLL.

78 A.D.2d 839 (1980)

In the Matter of Merline McIntosh, Respondent, v. Borough of Manhattan Community College et al., Appellants

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

November 25, 1980

Unanimously reversed, on the law, and petition dismissed, without costs.

Respondent Borough of Manhattan Community College (college) has an educational policy that any student, who fails "Nursing 410" on two occasions, will not receive a nursing degree. Petitioner McIntosh failed that course twice. The passing grade for that course was 70.00; petitioner received a failing mark of 69.713 upon her second enrollment. At Special Term, petitioner, sought to show that two...

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