Egan Jr., J.
In August 2007, petitioner was temporarily hired by the City of Syracuse School District as a custodian. Thereafter, petitioner sought a permanent custodial position at the district's Clary Middle School. Petitioner's permanent employment was contingent upon a criminal background check and receipt of clearance from respondent Department of Education (see L 2000, ch 180 [eff July 1, 2001]; see also Education Law § 1604
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