Mury v Fashion Inst. of Tech.

Holding The court affirmed the dismissal of the plenary action because the plaintiff’s claims were duplicative of the pending article 78 proceeding, which is the exclusive forum for challenging educational disciplinary determinations. The appellate court further held that the plaintiff’s failure to raise specific arguments on appeal regarding the merits of her claims resulted in those claims being deemed abandoned.

The court’s words

in essence, a challenge to the determination to [dismiss] her, she was only entitled to article 78 review

2026 NY Slip Op 06204, at the official text

the administrative decisions of educational institutions involve the exercise of highly specialized professional judgment

2026 NY Slip Op 06204, at the official text

the article 78 framework does not prevent courts from applying the correct level of scrutiny to First Amendment challenges

2026 NY Slip Op 06204, at the official text

she did not avail herself of the opportunity to submit any affidavits or other written proof

2026 NY Slip Op 06204, at the official text

Petitioner's briefs on appeal raise no arguments as to the merits of her claims

2026 NY Slip Op 06204, at the official text