Appeal of RAYMOND TYLICKI from action of Empire State College, State University of New York, regarding expulsion.

Decision No. 15,549

(March 30, 2007)

MILLS, Commissioner.--Petitioner appeals his expulsion from Empire State College (“respondent”).  The appeal must be dismissed.

According to petitioner, on February 26, 2006, he was notified that he was being expelled from Empire State College.  This appeal ensued.  Petitioner requests that he be refunded his tuition and that he be reinstated or receive a new hearing.

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).  It does not provide for an appeal from actions of a postsecondary institution (seeMatter of Bowen and Appeal of Interfaith Medical Center, 27 Ed Dept Rep 405, Decision No. 11,991).  Therefore, the appeal must be dismissed for lack of jurisdiction.

THE APPEAL IS DISMISSED.

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