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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48536

Justice Bucaria

PETITIONER CHALLENGED respondent university’s denial of entry into a psychology doctoral program. The court in a prior action had found that petitioner untimely challenged respondent’s denial. Respondent university sought dismissal of petitioner’s instant challenge, arguing that petitioner’s claims were barred by the doctrines of res judicata and collateral estoppel, as well as being untimely under Civil Practice Law and Rules §217. The court dismissed petitioner’s action. It found that petitioner’s claims in both actions arose from the same series of transactions and that her present action was time-barred under CPLR §217. The court additionally held that, consistent with the first holding – which was affirmed by the Appellate Division – petitioner’s present action failed to establish that respondent university’s denial of entry into the psychology doctoral program was arbitrary and that petitioner failed to provide evidence to support her claims that a “dual degree” program existed.

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