Matter of Cherry v Lsekenegbe, 2020 NY Slip Op 00124 [179 AD3d 674]
January 8, 2020
Appellate Division, Second Department
[*1]
In the Matter of Jasmine Cherry, Appellant,
v
Thomas A. Lsekenegbe et al., Respondents.
Jasmine Cherry, Brooklyn, NY, appellant pro se.
James E. Johnson, Corporation Counsel, New York, NY (Claude S. Platton and Dona B. Morris of counsel), for respondents.
In a hybrid proceeding pursuant to CPLR article 78 and action for declaratory relief, the petitioner/plaintiff appeals from a judgment of the Supreme Court, Kings County (Carolyn E. Wade, J.), dated September 15, 2017. The judgment denied the petition and dismissed the proceeding/action.
Ordered that the judgment is affirmed, without costs or disbursements.
Judicial review of decisions made by educational institutions as to academic issues is restricted to special proceedings under CPLR article 78, and only to determine whether the decision was arbitrary, capricious, irrational, or in bad faith ( see Sarwar v New York Coll. of Osteopathic Medicine of N.Y. Inst. of Tech. , 150 AD3d 913 , 914 [2017]; Keles v Hultin , 144 AD3d 987 , 988 [2016]). “An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts” ( Matter of Peckham v Calogero , 12 NY3d 424 , 431 [2009]; see Matter of Aponte v Olatoye , 30 NY3d 693 , 698 [2018]). “Further, courts must defer to an administrative agency’s rational interpretation of its own regulations in its area of expertise” ( Matter of Peckham v Calogero , 12 NY3d at 431; see Matter of Aponte v Olatoye , 30 NY3d at 698).
Here, the challenged policy of the respondent City University of New York Bronx Community College precluding admission to any student who has an outstanding balance owed to any school within the City University of New York system is neither arbitrary nor capricious. Accordingly, we agree with the Supreme Court’s determination to deny the petition and dismiss the proceeding/action.
The petitioner/plaintiff’s remaining contentions are without merit. Chambers, J.P., Cohen, Duffy and Iannacci, JJ., concur..