The student newspaper that printed the allegedly libelous article is not an "agent" of defendant City University and therefore the claim for defamation was properly dismissed for lack of subject matter jurisdiction (Education Law § 6224). The presence of a faculty advisor to the paper, whose advice was nonbinding, and the financing of the paper through student activity fees dispensed by defendant, do not demonstrate such editorial control or influence over the paper by defendant as to suggest an agency relationship ( see, Mazart v. State of New York, 109 Misc.2d 1092; cf., Matter of Panarella v. Birenbaum, 32 N.Y.2d 108).
Concur — Rosenberger, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.