Matter of Luther Dempsey v. New York City Department of Education

OPINION OF THE COURT

Fahey, J.

In this CPLR article 78 proceeding, we hold that the respondent agency’s denial of petitioner’s application for certification as a school bus driver was not arbitrary and capricious. We conclude that Matter of Acosta v New York City Dept. of Educ. (16 NY3d 309 [2011]), on which petitioner relies, is distinguishable.

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Petitioner Luther Dempsey applied to the New York City Department of Education (DOE) in 2006 for certification as a school bus driver. He indicated that he had been employed for about two years by a private bus company, transporting preschool children.…