Cacchioli v. Hoberman

Chief Judge Fuld.

The court is unanimous in holding — as set forth in that portion of the concurring opinion denominated part I (pp. 289-293) —that the New York City Transit Authority Police Department would not have been justified in discharging the petitioner on the ground that his failure to divulge his youthful offender adjudication on his job application questionnaire did not constitute a willful misrepresentation. The court likewise unanimously agrees that the proceeding should be remanded to the court at Special Term to decide whether or not the petitioner’s resignation was obtained by…