88 A.D.2d 915 | N.Y. App. Div. | 1982
— In a proceeding pursuant to CPLR article 78, inter alia, to compel the City University of New York et al. to mark a 1978 neurobiology examination paper on the basis of questions given and answered and to issue petitioner a diploma in biomedicine, the appeal is from a judgment of the Supreme Court, Kings County (Monteleone, J.), entered March 31, 1981, which granted the petition to the extent that, inter alia, petitioner be permitted to retake the examination in neurobiology and, if petitioner passes said examination, the administration is directed to take “all the appropriate steps for certification that it would take for any other student who successfully completes the requirements for the Bachelor of Science and Medical Doctor Degrees”. Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits. Petitioner was initially admitted into the biomedical program for the fall, 1975 semester at the Sophie Davis School of Biomedical Education. The program was intended to result in a student obtaining a Bachelor of Science degree from Sophie Davis and, ultimately, a Medical Doctor degree from a co-operating medical school. A student must complete the requirements for a Bachelor of Science degree in a maximum of five years. He is assured admission into the third year of a co-operating medical school if he successfully completes the Sophie Davis program and passes part I of the national medical boards. In the summer of 1978 petitioner took a course in neurobiology. Petitioner took the examination twice and failed both times. It was subsequently discovered that the re-examination was graded with a page of questions missing from petitioner’s test paper. Petitioner was informed that he failed the examination, but was denied the right to see his test paper and how it was graded. He requested that the examination be graded on the basis of the questions actually answered in the test booklet. The