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SCOTT M. DIEHL, PLAINTIFF-APPELLANT, v. ST. JOHN FISHER COLLEGE, DEFENDANT-RESPONDENT.

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion to dismiss the complaint. A CPLR article 78 proceeding was the proper vehicle for challenging plaintiff `s dismissal from defendant's nursing program ( see, Maas v. Cornell Univ., 94 N.Y.2d 87, 92; Risley v. Rubin, 272 A.D.2d 198; see also, Grogan v. Saint Bonaventure Univ., 91 A.D.2d 855; Matter of Gray v. Canisius Coll. of Buffalo, 76 A.D.2d 30, 33), and any such challenge is time-barred because plaintiff failed to commence a proceeding within four months of his termination ( see, CPLR 217).

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DIEHL v. ST. JOHN FISHER COLLEGE
(Dec 27, 2000)