Boone v. New York City Department of Education

OPINION OF THE COURT

Peter H. Moulton, J.

Petitioner Jiana Boone brings this CPLR article 78 proceeding seeking reversal of a determination by respondent New York City Department of Education (DOE) denying her the security clearance necessary to obtain employment with DOE as a school bus attendant. Petitioner alleges that DOE violated article 23-A of the Correction Law. Petitioner asserts that DOE *382arbitrarily concluded that her employment posed an unreasonable safety risk based on a 4V2-year-old petit larceny conviction that has no bearing on her ability to perform the duties of a school bus…