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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Article 78 v. OMRDD] NY State Supreme Court Decision Finds OMRDD Denial of Employment to be Arbitrary and Capricious (2008)

  • Organization: Supreme Court of the State of New York, County of Monroe, Civil Term
  • Document Type: Case law/admin decisions
  • Date Created: Friday, March 28, 2008
  • Submitted: Friday, April 18, 2008
  • Attachment(s): PDF

Petitioner was hired by local agency pending OMRDD approval. OMRDD denied work authorization to petitioner based on her extensive criminal history, including six felony and twenty misdemeanor convictions. OMRDD claims that Petitioner's rehabilitation is "clearly not complete" despite Petitioner's successful completion of drug treatment, graduation from college, and extensive vounteer work since her last conviction in 2004. Court finds OMRDD's decision to be arbitrary and caprcicious on the grounds that:

1) Specific relationship of the convictions to the duties and responsibilities to the job in question are not clearly set forth;

2) Denial was based in part on Petitioner's failure to provide information about her parole and probation supervision, information which Respondent had not requested;

3) Respondent's determination contradicts itself, stating both that Petitioner completed drug treatment and that her rehabilitation is not comlete; and

4) Determination fails to articulate in any meaningful way positive factors submitted by the Petitioner.

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