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CHRIS SWEENEY, Appellant, v. COLUMBIA UNIVERSITY, et al., Respondents, et al., Defendants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff, a former student in the "premedical post-baccalaureate" program of the defendant Columbia University School of General Studies (hereinafter SGS), brought this action, inter alia, to recover damages for breach of contract based upon the alleged failure of the premedical committee of the SGS to properly support his application to medical school. We agree with the Supreme Court that the complaint failed to state a cause of action.

The relationship between a university and a student is contractual in nature (see, Prusack v. State of New York, 117 A.D.2d 729, 730). "The rights and obligations of the parties, as contained in the university's bulletins [become] a part of the parties' contract" (Prusack v. State of New York, supra, at 750; see also, Vought v. Teachers Coll., Columbia Univ., 127 A.D.2d 654, 655). Here, the bulletin stated that the premedical committee reserved the right to withhold support from an application to medical school "at its discretion". A court will not interfere with a university's exercise of discretion unless it is arbitrary or irrational (see,Matter of Olsson v. Board of Higher Educ. of City of N.Y., 49 N.Y.2d 408, 413-414). There was no showing that the premedical committee's refusal to support the plaintiff's application to medical school was arbitrary or irrational.

The plaintiff's remaining contentions are without merit.

THOMPSON, J.P., S. MILLER, FLORIO, and SCHMIDT, JJ., concur.

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SWEENEY v. COLUMBIA UNIVERSITY
(Mar 17, 2000)