Justice Stallman
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PLAINTIFF STUDENT moved for summary judgment alleging he was denied his degree and diploma from defendant dental school, despite taking a full course of studies, passing the classes and paying more than $182,000 in tuition. Plaintiff asserted causes of action for specific performance of a contract and sought to compel defendant to award him his degree and diploma, and provide needed authorizations to allow him to take his dental boards. Defendants cross-moved for summary judgment, alleging the action should have been brought as an Article 78 proceeding and was untimely. The court noted the very nature of the relief sought underscored the conclusion this case related to the sort of academic and administrative decision properly the subject of an Article 78 proceeding, rather than an action on a breach of contract. Finding the action untimely as it was commenced long after the four-month Article 78 statute of limitations ran, the court granted defendants’ motion.