Perez v. New York State Human Rights Appeal Board

*151OPINION OF THE COURT

Sweeney, J.

Petitioner was employed in a probationary position as a trainee at the Kings Park Psychiatric Center, which is under the jurisdiction of the Commissioner of Mental Health (Mental Hygiene Law, § 7.17). In June, 1977 the employer was informed that petitioner had previously been arrested and charged with the crime of criminal sale of a controlled substance in the fifth degree in violation of section 220.34 of the Penal Law. Petitioner was then requested to document the final disposition of this charge and he advised his employer that his arrest resulted in an…