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MATTER OF VAN VLEET v. BOGNER

2019-03675. Index No. 616545/18.

190 A.D.3d 980 (2021)

136 N.Y.S.3d 896

2021 NY Slip Op 00435

In the Matter of Diana Marie Van Vleet, Appellant, v. Drew Bogner et al., Respondents.

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Schaefer Law Group, P.C., Smithtown, NY ( Wayne J. Schaefer of counsel), for appellant.

Biederman Hoenig Semprevivo, P.C., New York, NY ( Elaine Chou of counsel), for respondents.

Mastro, A.P.J., Miller, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order and judgment is affirmed, with costs.

After failing two clinical courses, the petitioner was dismissed from the R.N. Dual Degree Program at Molloy College (hereinafter the Program). The petitioner commenced this proceeding pursuant to CPLR article 78, seeking, inter alia, reinstatement to the Program, contending, among other things, that the determination to dismiss her from the Program was arbitrary and capricious because the respondents did...

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