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MATTER OF HAUG v. STATE UNIVERSITY OF NEW YORK AT POTSDAM

No. 102.

32 N.Y.3d 1044 (2018)

112 N.E.3d 323

87 N.Y.S.3d 146

2018 NY Slip Op 06964

In the Matter of BENJAMIN HAUG, Respondent, v. STATE UNIVERSITY OF NEW YORK AT POTSDAM et al., Appellants.

Court of Appeals of New York.

Decided October 18, 2018.

Attorney(s) appearing for the Case

Barbara D. Underwood , Attorney General, Albany ( Brian D. Ginsberg , Andrea Oser and Victor Paladino of counsel), for appellants.

Carlisle Law Firm, PC., Ogdensburg ( Lloyd G. Grandy II of counsel), for respondent.

Chief Judge DiFIORE and Judges RIVERA, STEIN, GARCIA, WILSON and FEINMAN concur; Judge FAHEY dissents and votes to affirm in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division for consideration of the issues raised but not determined on the appeal to that Court.

This CPLR article 78 proceeding was transferred to the Appellate Division to address, inter alia, petitioner's challenge to respondents' determination that he violated their code of student conduct (CPLR 7803 [4...

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