Branch v. New York City Department of Education

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 23, 2007, which, insofar as appealed from, granted respondents-appellants’ motion to dismiss the claims of petitioners Linda Branch and Marco Viola pursuant to CPLR 3211 (a) (5), unanimously modified, on the law, to reinstate Viola’s claims, and otherwise affirmed, without costs.

On June 19, 2006, respondent Department of Education (DOE) sent letters to respondent Thomas Buses Inc., petitioners’ employer, denying petitioners’ applications to become certified bus drivers; DOE sent carbon copies of the letters to…