Hoeve v. Board of Education of Dundee Central School District

Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered August 26, 1982 in Albany County, which, inter alia, granted plaintiff’s motion for summary judgment and declared invalid a regulation of the Commissioner of Education which prohibits persons in excess of 65 years of age from being a school bus driver. This controversy involves the validity of 8 NYCRR 156.3 (b). Specifically, this section of the regulation provides that, “All drivers of school transportation conveyances shall be at least 21 years of age, but not in excess of 65 years of age”. Plaintiff was…