MARTIN v. PRATT INSTITUTE

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. As set forth in its student bulletin, the defendant was entitled to withhold the plaintiff's diploma and transcript at the time of her graduation because of her outstanding financial obligations (see, Prusack v. State of New York, 117 A.D.2d 729; see also, Matter of Spas v. Wharton, 106 Misc.2d 180). The plaintiff failed to raise a triable issue of fact sufficient to defeat the defendant's prima facie showing that she had an outstanding balance due (see, Zuckerman v. City of New York, 49 N.Y.2d 557).

The plaintiff's remaining contentions are without merit.