skip to content

Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Article 78 v. OMH] Petition to Review Decision by OMH Disqualifying Plaintiff from Employment Due to Conviction History (2007)

  • Organization: Community Service Society
  • Author: Craig Acorn at cacorn@CSSNY.ORG
  • Document Type: Pleadings (other than briefs)
  • Date Created: Wednesday, February 28, 2007
  • Submitted: Monday, June 11, 2007
  • Attachment(s): DOC

Petition brought on behalf of Plaintiff disqualified from continued employment at the Center for Alternative Sentencing and Employment Services (CASES) based on conviction history.

Petition claims that (1) Because plaintiff was transferred from one position to an identical one within the agency regulated by OMH plaintiff should not have been subject to background check; (2) OMH failed to consider information that it is lawfully required to consider under New York State Correction Law, Article 23-A, §§ 750-755, the New York State Executive Law (the "New York State Human Rights Law"), § 296(15), the New York City Administrative Code (the "New York City Human Rights Law") § 8-107, and the New York State Executive Law §845-b(5)(b); (3) OMH's decision was also arbitrary and capricious, and an abuse of discretion because its own emergency regulations fail to incorporate crucial sections of the Executive Law mandating that all public agencies collect and consider information about a job applicant's rehabilitation under Article 23A of the New York State Corrections Law.

Pro Bono and legal aid attorney resources - Pro Bono Net