Appellate Division of the Supreme Court of New York, 2000

Diehl v. St. John Fisher College

Appellate Division of the Supreme Court of New York · Decided December 27, 2000

278 A.D.2d 816; 718 N.Y.S.2d 516; 2000 N.Y. App. Div. LEXIS 13724

Cases that cite this one

6 later published cases cite this decision.

Mirza v. College of Mount St. Vincent (New York Supreme Court, Bronx County 2025)
Clogher v. New York Medical College (Appellate Division of the Supreme Court of New York 2013)
Clogher v. New York Medical College (Appellate Division of the Supreme Court of New York 2013)
Frankel v. Yeshiva University (Appellate Division of the Supreme Court of New York 2007)
Fils-Aime v. Ryder TRS, Inc. (Appellate Division of the Supreme Court of New York 2007)
Demas v. Levitsky (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion to dismiss the complaint. A CPLR article 78 proceeding was the proper vehicle for challenging plaintiffs dismissal from defendant’s nursing program (see, Maas v Cornell Univ., 94 NY2d 87, 92; Risley v Rubin, 272 AD2d 198; see also, Grogan v Saint Bonaventure Univ., 91 AD2d 855; Matter of Gray v Canisius Coll., 76 AD2d 30, 33), *817and any such challenge is time-barred because plaintiff failed to commence a proceeding within four months of his termination (see, CPLR 217). (Appeal from Order and Judgment of Supreme Court, Monroe County, Bergin, J. — Dismiss Pleading.) Present — Pigott, Jr., P. J., Green, Pine, Kehoe and Balio, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.