skip to content

Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Article 78 v. DOE] NYC Supreme Court Finds DOE Denial of School Aid Application Based on Single Felony Conviction Arbitrary and Capricious (2009)

  • Organization: The Bronx Defenders
  • Document Type: Case law/admin decisions
  • Date Created: Monday, February 01, 2010
  • Submitted: Monday, February 01, 2010
  • Attachment(s): PDF

The petitioner in this case applied to be a school aide in a New York City public school, and the DoE denied her application. She had a felony conviction from 18 years prior but since then, had been a model citizen and had obtained a Certificate of Relief from Disabilities.

The Supreme Court of the State of New York ruled that the DoE denied the petitioner in an arbitrary and capricious fashion, and remanded the case to the DoE for a new decision that articulates its consideration of the eight factors that can legally be used to deny someone with a criminal record employment.

Pro Bono and legal aid attorney resources - Pro Bono Net