Dempsey v. New York City Dep’t of Educ.

Petitioner applied to the New York City Department of Education (DOE) for certification as a school bus driver. The DOE denied Petitioner’s application due to Petitioner’s long record of criminal behavior, a gap in his employment history, and his age at the time of his last conviction. Consequently, the bus company employing Petitioner terminated Petitioner’s employment. Petitioner commenced this N.Y. C.P.L.R. 78 proceeding against the DOE contending that the DOE’s denial of his application for certification was arbitrary and capricious. Supreme Court granted the petition to the extent of annulling DOE’s determination and ordering the DOE to approve Petitioner’s application. The Appellate Division reversed, denied the petition, and dismissed the proceeding. The Court of Appeals affirmed, holding that the DOE’s denial of Petitioner’s application for certification was not arbitrary and capricious. View "Dempsey v. New York City Dep’t of Educ." on Justia Law