Opinion
03-30-2016
In the Matter of Kristina KHAROUBA, appellant, v. NEW YORK COLLEGE OF OSTHEOPATIC MEDICINE ("NYCOM") of New York Institute of Technology ("NYIT"), respondent.
Kevin P. Sheerin, Mineola, N.Y., for appellant. Clifton, Budd & DeMaria LLP, New York, N.Y. (Douglas P. Catalano of counsel), for respondent.
Kevin P. Sheerin, Mineola, N.Y., for appellant.
Clifton, Budd & DeMaria LLP, New York, N.Y. (Douglas P. Catalano of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and BETSY BARROS, JJ.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York College of Osteopathic Medicine of New York Institute of Technology dated April 11, 2014, dismissing the petitioner as its student and to compel it, inter alia, to reinstate the petitioner as a student in good standing, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Brown, J.), entered March 26, 2015, which denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, with costs.The petitioner commenced this CPLR article 78 proceeding against New York College of Osteopathic Medicine of New York Institute of Technology (hereinafter NYCOM) to review NYCOM's determination dismissing her as a student, and to compel NYCOM to reinstate her as a student in good standing, to take all action necessary to enable the petitioner to register for and take the COMLEX Level II CE examination, and, in the event she passes the examination, to confer upon her the degree of Doctor of Osteopathic Medicine. In a judgment entered March 26, 2015, the Supreme Court denied the petition and dismissed the proceeding.
Judicial review of determinations made by educational institutions as to the academic performance of their students is limited to the question of whether the challenged determination was arbitrary and capricious, irrational, made in bad faith, or contrary to Constitution or statute (see Matter of Zanelli v. Rich, 127 A.D.3d 774, 775, 8 N.Y.S.3d 217 ; Matter of Rizvi v. New York Coll. of Osteopathic Medicine of N.Y. Inst. of Tech., 98 A.D.3d 1049, 1051, 950 N.Y.S.2d 754 ; Matter of Gilbert v. State Univ. of N.Y. at Stony Brook, 73 A.D.3d 774, 774, 899 N.Y.S.2d 853 ). "Strong policy considerations militate against the intervention of courts in controversies relating to an educational institution's judgment of a student's academic performance" (Matter of Susan M. v. New York Law School, 76 N.Y.2d 241, 245, 557 N.Y.S.2d 297, 556 N.E.2d 1104 ; see Matter of Rizvi v. New York Coll. of Osteopathic Medicine of N.Y. Inst. of Tech., 98 A.D.3d at 1052, 950 N.Y.S.2d 754 ; Matter of Cunningham v. Pace Univ., 288 A.D.2d 218, 732 N.Y.S.2d 573 ).
Here, the petitioner was dismissed from NYCOM for failing to pass the COMLEX Level II CE examination prior to the completion of her academic leave of absence, as required by NYCOM's policy. Therefore, contrary to the petitioner's contention, the determination to dismiss her from NYCOM was properly based upon academic considerations, and was not arbitrary and capricious, irrational, made in bad faith, or contrary to Constitution or statute (see Matter of Gilbert v. State Univ. of N.Y. at Stony Brook, 73 A.D.3d at 775, 899 N.Y.S.2d 853 ; Matter of Williams v. State Univ. of N.Y–Health Science Ctr. at Brooklyn, 251 A.D.2d 508, 674 N.Y.S.2d 702 ; Matter of Hendessi v. New York Coll. of Osteopathic Medicine of N.Y. Inst. of Tech., 36 Misc.3d 1241[A], 2012 WL 4040366 [Sup.Ct., N.Y. County] ; cf. Matter of Rizvi v. New York Coll. of Osteopathic Medicine of N.Y. Inst. of Tech., 98 A.D.3d at 1052–1054, 950 N.Y.S.2d 754 ). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding.