In the Matter of Katie Kickertz v. New York University

Summary

The New York Court of Appeals held that New York University should have been permitted to answer the student's CPLR article 78 petition after its motion to dismiss was denied, because triable issues existed concerning compliance with the University's disciplinary procedures. The court modified the judgment and Appellate Division order by vacating the grant of the petition and remitting the matter to Supreme Court for further proceedings, without reaching the propriety of the expulsion penalty.

Holdings

1. Because the motion papers did not establish that no triable issues of fact existed, NYU should have been permitted to answer under CPLR 7804(f), and the matter had to be remitted to Supreme Court for further proceedings.
2. Triable issues of fact existed as to whether NYU substantially complied with its established disciplinary procedures, precluding final resolution of the article 78 petition without an answer and further proceedings.

Questions Presented

1. Whether the Appellate Division erred by failing to remand the CPLR article 78 proceeding to permit NYU to file an answer under CPLR 7804(f) after denying NYU's motion to dismiss.
2. Whether the record established that NYU substantially complied with its published disciplinary procedures.

Disposition

remanded