MATTER OF HASBERRY v. NEW YORK CITY DEPARTMENT OF EDUCATION

3529, 405070/06.

78 A.D.3d 609 (2010)

912 N.Y.S.2d 190

In the Matter of DANIEL HASBERRY et al., Appellants, et al., Petitioner, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 30, 2010.


Petitioners were each denied certification by DOE on the basis of criminal convictions that purportedly rendered them unsuitable to perform the duties associated with the transportation of school-age children. Chancellor's Regulation C-105 (2) provides: "If, prior to the conclusion of any background investigation, information of a derogatory nature is obtained which may result in denying the application for license, certification or employment, an applicant will be given...

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