Lipsky v. Ferkauf Graduate School of Psychology

Majority

p. 582

In the Matter of Samara Lipsky, Appellant, v Ferkauf Graduate School of Psychology et al., Respondents.

[ 8 NYS3d 1053 -

Judgment, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered December 12, 2013, after a nonjury trial, denying the petition to annul respondent’s determination, dated November 21, 2011, which dismissed petitioner from its clinical health Ph.D. program, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondents’ determination dismissing petitioner from its Ph.D. program in clinical health was rational and was not arbitrary and capricious (see Matter of Susan M. v New York Law School, 76 NY2d 241 , 246 [1990]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 231 [1974]). The record establishes that petitioner failed to comply with a number of respondents’ rules and procedures, failed to conduct herself in an ethical and professional manner, and, despite being given ample opportunities to change her behavior, includ

p. 583

ing a detailed remediation plan that warned that she was subject to dismissal, failed to meet the expectations of the school.

The penalty does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32 [2001]).

We have considered petitioner’s remaining contentions and find them unavailing.

Concur — Acosta, J.P., Saxe, Richter, Gische and Kapnick, JJ.

Cases cited

Susan M. v. New York Law School 76 NY2d 241 N.Y. 1990-06-14 at 246 p. 582
Pell v. Board of Education 34 NY2d 222 N.Y. 1974-05-15 at 231 p. 582
Kelly v. Safir 96 NY2d 32 N.Y. 2001-03-22 p. 583