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Matter of Welsh v Hershkowitz 2009 NY Slip Op 30395(U) February 18, 2009 Supreme Court, New York County Docket Number: 114211/08 Judge: Nicholas Figueroa Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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INDEX NO.

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MOTION DATE

HERSCHKOWITZ, SAMUEL M.D.
SEQUENCE NUMBER : # 001 ARTICLE 78

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PAPERS NUMBERED

MOTION CAL. NO.

ere read on this motion to/for

Notice of Motion/ Order to Show Cause Answering Affidavits - Exhibits Replying Affldavits

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Cross-Motion:

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Upon the foregoing papers, it is ordered that this m m h a -

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FINAL u
DISPOSITION
DO NOT POST

NON~FINAL DISPOSITION

0 REFERENCE

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
In the Matter of the Petition of

SYLVIA WELSH,
Petitioner,

for a Judgment pursuant to Article 78 of the Civil Practice Law and Rules
- against -

Index No. 114211/08

SAMUEL HERSHKOWITZ, M.D., as former Director, NYU PSYCHOANALYTIC INSTITUTE, CHARLES TOLK, M.D., as Director PSYCHOANALYTIC INSTITUTE, UNIVERSITY,

DECISION AND JUPGMENT

Nicholas Figueroa, J.:

In this Article 78 proceeding, petitioner Sylvia Welsh challenges as arbitrary and
capricious the refusal of NYU Psychoanalytic Institute to renew her membership on its faculty. Her petition asks for reinstatement or, in the alternative, an order directing the Institute to abide by such procedure as is required under the "Principles and Standards of Ethics of Psychoanalysts" ("Principles and Standards") published by the American Psychoanalyh Association ((`the APA," of which the Institute is itself a member). Petitioner has named the Institute and New York University (with which the Institute is affiliated) as respondents. Respondents have filed separate motions to dismiss. Both move for dismissal on the ground that petitioner has failed to state a cognizable cause for relief (CPLR

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