Courtney Bell v. Manhattan & Bronx Surface Transit Operating Authority

Petitioner, pursuant to CPLR article 78, seeks to annul respondent’s determination denying petitioner employment contending in substance that pursuant to section 50 of the Civil Service Law, an applicant for civil service cannot be disqualified for drug addiction or the conviction of a crime unless he has been given a written statement of the reasons and afforded an opportunity to explain or refute such facts. The respondent cross-moves to dismiss the petition contending that pursuant to the Public Authorities Law (§ 1203-a, subd 3, par [b]) no rights accrued petitioner under the Civil…