MATTER OF BERKELEY-CAINES v. ST. JOHN FISHER COLLEGE


11 A.D.3d 895 (2004)

782 N.Y.S.2d 309

In the Matter of LYSTRA BERKELEY-CAINES, Respondent, v. ST. JOHN FISHER COLLEGE, Appellant.

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

October 1, 2004.


It is hereby ordered that the judgment insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is granted in part and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: In this CPLR article 78 proceeding petitioner challenges the determination of respondent, a private college, denying both her application for tenure and promotion and her request to file a grievance...

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