In the Matter of Katie Kickertz v. New York University
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Pittman v. Adelphi Univ. (Appellate Division of the Supreme Court of New York 2025)
- Matter of Jablecki v. Board of Mgrs. of Harborview Condominium (Appellate Division of the Supreme Court of New York 2023)
- Matter of Aryeh v. St. John's Univ. (Appellate Division of the Supreme Court of New York 2017)
- Matter of Bifulco v. City of New York (Appellate Division of the Supreme Court of New York 2026)
- Matter of Boxe v. State Univ. of N.Y. (Appellate Division of the Supreme Court of New York 2026)
- Mirza v. College of Mount St. Vincent (New York Supreme Court, Bronx County 2025)
- Minhas v. Trustees of Columbia Univ. in the City of N.Y. (New York Supreme Court, New York County 2025)
- Matter of Dzaferovic v. New York City Dept. of Fin. (New York Supreme Court, New York County 2024)
- Matter of 195 N. Vil. Ave., LLC v. 195 Apts., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Matter of Source Renewables, LLC v. Town of Cortlandville Zoning Bd. of Appeals (Appellate Division of the Supreme Court of New York 2023)
- Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Public Empl. Relations Bd. of the State of N.Y. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Wagschal v. Cardone (Appellate Division of the Supreme Court of New York 2023)
- Susser v. New York City Department of Education (District Court, E.D. New York 2023)
- Zonshayn v. Friends of the Sackler School of Medicine, New York State Program Inc. (District Court, S.D. New York 2023)
- Matter of Storino v. New York Univ. (Appellate Division of the Supreme Court of New York 2021)
- Mintz v. City of Rochester (Appellate Division of the Supreme Court of New York 2021)
- Doe v. New York University (District Court, S.D. New York 2021)
- Matter of John Doe 1 v. Syracuse Univ. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Lucas v. Board of Educ. of the E. Ramapo Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Lake v. Town of Southold (Appellate Division of the Supreme Court of New York 2020)
- Doe v. Syracuse University (District Court, N.D. New York 2020)
- Matter of A.E. v. Hamilton Coll. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Center for Discovery, Inc. v. NYC Dept. of Educ. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Doe v. Cornell Univ. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Altman v. Suffolk County Dept. of Civ. Serv. (Appellate Division of the Supreme Court of New York 2018)
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
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, by vacating that portion of the order granting the petition and remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.
Based on a determination of academic misconduct, New York University (NYU or the University) expelled Katie Kickertz from its College of Dentistry without possibility of readmission. In this CPLR article 78 proceeding, petitioner Kickertz sought a judgment directing respondent NYU to reinstate her as a student, grant her the degree of Doctor of Dental Surgery and award attorneys’ fees. The University now appeals as of right, pursuant to CPLR 5601 (d), from Supreme Court’s judgment granting Kickertz’s petition. In so doing, NYU brings up for review the Appellate Division’s prior nonfinal order which, with two Justices dissenting in part, reversed and vacated Supreme Court’s earlier judgment dismissing Kickertz’s petition pursuant to CPLR 3211 (30 Misc 3d 1220[A], 2011 NY Slip *944 Op 50131 [U] [Sup Ct, NY County 2011]); and reinstated and granted the petition (99 AD3d 502 [1st Dept 2012]).
The principal issue raised by this appeal is whether the Appellate Division erred by failing to remand to Supreme Court to permit NYU to file an answer pursuant to CPLR 7804 (f). That provision specifies that where a respondent moves to dismiss a CPLR article 78 petition and the motion is denied, “the court shall permit the respondent to answer, upon such terms as may be just” (emphasis added). We have indicated, however, that a court need not do so if the “facts are so fully presented in the papers of the respective parties that it is clear that no dispute as to the facts exists and no prejudice will result from the failure to require an answer” (Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102 [1984] [emphasis added]). Since “the motion papers” in BOCES “clearly did not establish that there were no triable issues of fact,” we held that “the procedure dictated by CPLR 7804 (subd [f]) should have been followed” (id. at 104). For the same reason, NYU should be permitted to answer in this case.
A student subject to disciplinary action at a private educational institution is not entitled to the “full panoply of due process rights” (Matter of Ebert v Yeshiva Univ., 28 AD3d 315, 315 [1st Dept 2006]). Such an institution need only ensure that its published rules are “substantially observed” (Tedeschi v Wagner Coll., 49 NY2d 652, 660 [1980]). And here, triable issues of fact exist with regard to whether NYU substantially complied with its established disciplinary procedures. Because of our disposition of this appeal, we do not reach and express no opinion about the propriety of the penalty imposed or any other issue raised by the parties and decided by the courts below.
Judgment appealed from and order of the Appellate Division brought up for review modified, without costs, by vacating that portion of the Appellate Division order granting the petition and remitting to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein and, as so modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.