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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Stipulation & Consent Order Reversing Denial of Petitioner's Eligibility for Employment by OMRDD in Monroe County (Supreme Court of the State of New York, County of Monroe)

  • Organization: Supreme Court of the State of New York, County of Monroe
  • Document Type: Settlements
  • Date Created: Tuesday, March 13, 2007
  • Submitted: Thursday, March 29, 2007
  • Attachment(s): PDF

Office of Menatl Retardation & Developmental Disability (OMRDD) denied petitioner's eligibility for employment based on a single misdemeanor convictions for which Petitioner had obtained a Certificate of Relief from Disabilities. Petitioner challenged through OMRDD's administrative process on the basis that 1) Petitioner's conviction is not disqualifying under OMRDD's Regulations; 2) Petitioner's CRD creates a presumption of rehabilitation and eligibility; and 3) the 5-year old misdemanor conviction does not bear a "direct relationship" to the employment saught nor create an "unreasonable risk" to the agency or its clients. OMRDD denied the challenge. Petitioner filed an Article 78. Parties agreed to to Stipulation in the Supreme Court in Monroe County.

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