DOWNEY v. SCHNEIDER


23 A.D.3d 514 (2005)

806 N.Y.S.2d 657

WILLIAM J. DOWNEY, Appellant, v. FRANCIS J. SCHNEIDER et al., Defendants, and SEMINARY OF THE IMMACULATE CONCEPTION, INC., Respondent.

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

November 21, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a graduate student in theology at the defendant Seminary of the Immaculate Conception (hereinafter the Seminary) since 2000, was denied the opportunity to re-enroll for the 2002-2003 academic year. Although his academic record admittedly satisfied the requirements for continued participation in the degree program for which he was enrolled, he had engaged during the previous two...

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