Hawkins v. New York City Transit Authority

*170Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered December 14, 2004, which denied respondents’ motion to dismiss this proceeding and granted the petition to the extent of directing respondent Transit Authority to give petitioner back pay and benefits from October 30, 2002, unanimously affirmed, without costs.

The Civil Service Commission found that the termination of employment amounted to discrimination based on petitioner’s criminal record, in violation of Correction Law § 752, and ordered his reinstatement. Pursuit of administrative remedies did not preclude petitioner…