Matter of Niang v. New York City Dept. of Educ.

Determination of respondents (collectively, DOE), dated August 20, 2013, which permanently revoked petitioner’s certification to drive a school bus for failure to submit to a drug test on the day of his accident, unanimously annulled, without costs, the petition granted, the certification reinstated, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Margaret A. Chan, J.], entered Jan. 2, 2015), remanded for a determination of incidental damages, if any.

Even if the article 78 court improperly transferred this…