Matter of Schussler v School of Medicine & Biomedical Sciences, Univ. at Buffalo, State Univ. of N.Y. (2005 NY Slip Op 02134)

Matter of Schussler v School of Medicine & Biomedical Sciences, Univ. at Buffalo, State Univ. of N.Y.

2005 NY Slip Op 02134 [16 AD3d 1140]

March 18, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 18, 2005

In the Matter of Benjamin Schussler, Appellant, v School of Medicine and Biomedical Sciences, University at Buffalo, State University of New York et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), entered April 8, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.