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MATTER OF CABONARGI v. CITY UNIV. OF N.Y.

8981, 108454/10.

102 A.D.3d 467 (2013)

2013 NY Slip Op 129

In the Matter of STEPHANIE DOMENICI CABONARGI, Respondent, v. CITY UNIVERSITY OF NEW YORK et al., Appellants.

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

Decided January 10, 2013.

The court, in making its decision, improperly considered an email from petitioner's academic advisor that was never presented at the administrative level (see Matter of Yarbough v Franco, 95 N.Y.2d 342, 347 [2000]). Indeed, the email was issued after respondent's final determination. When considering the evidence presented at the administrative level, respondent's determination concerning...

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