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MTR MARY M. v. CLARK

100 A.D.2d 41 (1984)

In the Matter of Mary M., Respondent, v. James M. Clark, as President of The State University of New York at Cortland, Appellant

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

March 8, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter G. Crary and Peter J. Dooley of counsel), for appellant.

Haskell, Foley, Meldrim & Shay (Richard J. Shay of counsel), for respondent.

Ronald H. Sinzheimer for Student Association of State University of New York, Inc., amicus curiae.

Covington & Burling (Eugene D. Gulland and Irving C. Faber of counsel), special counsel to Sheldon Elliot Steinbach, general counsel for American Council on Education, amicus curiae.

KANE, J. P., MAIN, WEISS and YESAWICH, JR., JJ., concur.

MIKOLL, J.

This is an appeal from Special Term's annulment of petitioner's suspension from the State University of New York at Cortland (hereafter Cortland) for cheating. Special Term found that the procedures followed by Cortland in suspending petitioner violated the State Administrative Procedure Act, due process of law, Cortland's own procedural rules as set out in the student handbook, and section 41 of the...

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