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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Dempsey v. DOE] NYC Supreme Court Reverses DOE's Denial of Certification for School Bus Driver Citing the Determination as Arbitrary and Capricious (2012)

  • Organization: Supreme Court of the State of New York
  • Document Type: Case law/admin decisions
  • Date Created: Thursday, April 05, 2012
  • Submitted: Thursday, April 05, 2012
  • Attachment(s): PDF

The petitioner, an experienced school driver, had his application for certification to drive a bus from the Department of Education(DOE) denied based on his past criminal convictions. His last conviction was in 1993 and had received a Certificate of Relief from Disabilities.

The Court annulled DOE's determination and ordered petitioner's application be granted after it found that the agency denied the petitioner in an arbitrary and capricious.