In O'Neill v. New York Univ., 97 AD3d 199 [1st Dept 2012] the First Department has held that not every breach of contract claim against a private institution must be brought as an article 78 proceeding. There, the Court, noting the limited role the judiciary plays while reviewing "highly specialized academic judgments," found that the plaintiff's allegations that the University failed to follow its own conduct and disciplinary policies, which had no relation to a particular academic field or research, did not require "highly specialized academic judgments." Therefore, the Court held that the plaintiff was able to bring a plenary action for breach of contract.