Dempsey v. New York City Department of Education

I respectfully dissent and would affirm the judgment below. I agree with the Supreme Court that the denial was arbitrary and capricious and violated article 23-A, §§ 752 and 753 of the Correction Law and the New York State and New York City Human Rights Laws (Executive Law § 296 [15]; Administrative Code of City of NY § 8-107 [10]).

Petitioner was convicted of two drug-related class D felonies approximately 23 years ago, and three misdemeanors, the most recent in 1993. In 1994, he entered a drug treatment program *457which he successfully completed in 1995, and since that time, he has not only…