MATTER OF RATIGAN v. DAEMEN COLLEGE

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted respondents' motion to dismiss the petition challenging the determination dismissing petitioner from the physician assistant program at respondent Daemen College. "[I]n the absence of demonstrated bad faith, arbitrariness, capriciousness, irrationality or a constitutional or statutory violation, a student's challenge to a particular grade or other academic determination relating to a genuine substantive evaluation of the student's academic capabilities, is beyond the scope of judicial review" ( Matter of Susan M. v. New York Law School, 76 N.Y.2d 241, 247). Petitioner failed to demonstrate the presence of any of those elements. Rather, the allegations in the petition "go to the heart of [respondents'] substantive evaluation of the petitioner's academic performance and as such, are beyond judicial review" ( Matter of Susan M. v. New York Law School, supra, at 247).