Legal Opinion
Acosta v. New York City Department of Education
New York Court of Appeals
Decided March 24, 2011PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
We conclude that the New York City Department of Education (DOE) failed to comply with the requirements of the Correction Law and thus acted arbitrarily in denying petitioner’s application for security clearance.
I
As a general matter, it is unlawful in this state for any public or private employer to deny any license or employment application “by reason of the individual’s having been previously convicted of one or more criminal offenses” (Correction Law § 752; see Executive Law § 296 [15]). This general bar was enacted to further certain goals that the…
2Cases cited3 opinions
- Arrocha v. Board of EducationNew York Court of Appeals · 1999
- Bonacorsa v. Van LindtNew York Court of Appeals · 1988
- Acosta v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by23 opinions
- Griffin v. Sirva Inc.Court of Appeals for the Second Circuit · 2016
- Matter of Luther Dempsey v. New York City Department of EducationNew York Court of Appeals · 2015
- Matter of People of the State of New York v. SchofieldAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Hogue v. Board of Educ. of the City Sch. Dist. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
- Stephenson v. United StatesDistrict Court, E.D. New York · 2015
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