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Susser v. New York City Dep't of Educ.

Section 1983 Rights Claim Not Stated; Article 78 Proceeding Was Adequate Remedy

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MEMORANDUM DECISION AND ORDER The plaintiff filed a complaint against the New York City Department of Education, Curtis High School Adult Practical Nursing Program and ten unknown “employees or agents” of the Nursing Program, alleging that they improperly expelled her from the program. (ECF No. 1

2, 3, 11, 12, 14.) The plaintiff claims a violation of her due process rights under 42 U.S.C. §1983, breach of contract and negligence. Defendants Department of Education and the Nursing Program move to dismiss the §1983 claim under Federal Rule of Civil Procedure 12(b)(6) and request that the Court decline to exercise supplemental jurisdiction over the remaining state law claims. For the reasons that follow, the defendants’ motion is granted. BACKGROUND According to the complaint, the plaintiff was a student in an adult nursing program at Curtis High School from 2019 to 2021. (ECF No. 1

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