Appeal of YASSER ALY from action of Adelphi University regarding dismissal from a program.

Decision No. 15,665

(September 20, 2007)

Roya Namvar, Esq., attorney for petitioner

MILLS, Commissioner.--Petitioner appeals his dismissal from the Doctoral of Social Work Program (“program”) at Adelphi University (“respondent”).  The appeal must be dismissed.

Petitioner alleges that a grading decision by respondent led to his dismissal from the program.  Petitioner requests that he be permitted to withdraw voluntarily from the program with an unblemished record.

The appeal must be dismissed for lack of jurisdiction.  Education Law §310 limits jurisdiction on appeal to matters involving the public school system of the State (seeMatter of Bowen, et al. v. Allen, 17 AD2d 12, aff’d 13 NY2d 663; Appeal of Tylicki, 46 Ed Dept Rep ____, Decision No. 15,549).  It does not provide for an appeal from actions of a postsecondary institution (Appeal of Tylicki, 46 Ed Dept Rep ____, Decision No. 15,549; Appeal of Interfaith Medical Center, 27 id. 405, Decision No. 11,991).

THE APPEAL IS DISMISSED.

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