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GARY v. NEW YORK UNIVERSITY

48 A.D.3d 235 (2008)

850 N.Y.S.2d 433

PATRICIA GARY, Appellant, v. NEW YORK UNIVERSITY et al., Respondents.

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

Decided February 5, 2008.

In challenging the termination of her matriculation, along with allegations based on contract, tort and racial discrimination, the pro se plaintiff should have brought a proceeding under CPLR article 78, rather than this plenary action (see Maas v Cornell Univ., 94 N.Y.2d 87, 92 [1999]; Bottalico v Adelphi Univ., 299 A.D.2d 443 [2002]). The court improperly determined that plaintiff's challenge...

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