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

This opinion is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 59 In the Matter of Luther Dempsey, Appellant, v. New York City Department of Education, et al., Respondents. Nicole E. Salk, for appellant. Karen M. Griffin, for respondents. Community Service Society of New York et al., amici curiae. 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…