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In the Matter of Adelphi University v. Board of Regents of the State of New York

229 A.D.2d 36, 652 N.Y.S.2d 837 (1997)

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In the Matter of Adelphi University v. Board of Regents of the State of New York

New York Supreme Court, Appellate Division
229 A.D.2d 36, 652 N.Y.S.2d 837 (1997)

Facts

Adelphi University (plaintiff) was a private university in New York with 20 trustees and officers (plaintiffs) that governed the university. The Board of Regents of the State of New York (defendant) was the head of the New York Department of Education and had the authority to regulate universities in the state, including private universities like Adelphi University. State law gave the Board of Regents the authority to remove trustees for misconduct or other cause. The Board of Regents delegated the task of drafting trustee-removal petitions to third parties, including private citizens. Once received, the Board of Regents reviews the petition for legal accuracy and schedules a hearing to consider the petition. A private citizen drafted and submitted a trustee-removal petition against the trustees of Adelphi University, and the Board of Regents scheduled a hearing to consider the petition. Adelphi and its trustees filed a lawsuit against the Board, seeking a judgment prohibiting the Board from conducting the hearing. The trial court ruled in favor of the Board, and Adelphi and its trustees appealed.

Rule of Law

Issue

Holding and Reasoning (Carpinello, J.)

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