| Matter of Bursch v Purchase Coll. of the State Univ. of N.Y. |
| 2019 NY Slip Op 04449 [33 NY3d 1014] |
| June 6, 2019 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, July 10, 2019 |
| In the Matter of Jamael Bursch, Appellant, v Purchase College of the State University of New York et al., Respondents. |
Decided June 6, 2019
Matter of Bursch v Purchase Coll. of the State Univ. of N.Y., 164 AD3d 1324, reversed.
Brill Legal Group, P.C., Hempstead (Peter E. Brill of counsel), for appellant.
Letitia James, Attorney General, New York City (Seth M. Rokosky of counsel), for respondents.
Memorandum.
The order of the Appellate Division insofar as appealed from should be reversed, with costs, and the petition insofar as it sought to annul respondents' disciplinary determination granted and the matter remitted to the Appellate Division with directions to remand to respondents for a new disciplinary hearing. Petitioner, a student enrolled at respondent Purchase College of the State University of New York, was accused of multiple disciplinary violations including sexual assault of another student. Petitioner requested a three-hour adjournment of his scheduled administrative hearing so that his attorney could attend the proceeding. Respondents denied this request. Under the particular circumstances of this case, we find respondents abused their discretion as a matter of law by failing to grant the requested adjournment (see Matter of Abdur-Raheem v Mann, 85 NY2d 113, 124 [1995]). Petitioner's remaining arguments need not be reached and any other contentions raised below have been abandoned.
Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur; Chief Judge DiFiore taking no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order insofar as appealed from reversed, with costs, and petition insofar as it sought to annul respondents' disciplinary determination granted and matter remitted to the Appellate Division, Second{**33 NY3d at 1016} Department, with directions to remand to respondents for a new disciplinary hearing, in a memorandum.