May 12, 2017Litigation & Dispute Resolution
On May 11th, Meyer Suozzi Shareholder, Paul F. Millus, and Lynn M. Brown received a victory on behalf of Touro College, in the matter of Wismer v Touro Coll., 2017 NY Slip Op 03847. The Supreme Court, Appellate Division, First Department affirmed a May 16, 2016 decision, granting Touro’s motion to dismiss hybrid CPLR article 78 petition/complaints brought by a former student. The student was previously entered in Touro’s Osteopathic Medicine Program and was removed from the program for failing to complete the degree within the six-year time limit. Paul, on behalf of Touro, established through unrebutted documentary evidence that the six-year limit was mandated by the school's accrediting body, so a waiver of the time limit would fundamentally alter the D.O. program and standards. The Court also affirmed the dismissal of Plaintiff’s ADA claim. Click here for the decision.