ACOSTA v. NEW YORK CITY

No. 36

16 N.Y.3d 309 (2011)

In the Matter of MADELINE ACOSTA, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants.

Court of Appeals of New York.

Decided March 24, 2011.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Jane L. Gordon and Edward F.X. Hart of counsel), for New York City Department of Education and others, appellants.

Kaufman, Dolowich, Voluck & Gonzo, LLP, Woodbury ( Matthew J. Minero of counsel), for Cooke Center for Learning and Development, appellant.

MFY Legal Services, Inc., New York City ( Carolyn E. Coffey , Christopher Lamb and Andrew Goldberg of counsel), for respondent.

Juan Cartagena , General Counsel, Community Service Society, New York City ( Paul Keefe of counsel), and Judith M. Whiting for Community Service Society and others, amici curiae.

Davis Polk & Wardwell LLP, New York City ( Nancy B. Ludmerer , Christopher Lynch , Justin Sommers and Steven N. Feldman of counsel), for New York City Bar Association, amicus curiae.

Kelley Drye & Warren LLP, New York City ( Robert E. Crotty and Marie E. Choi of counsel), for Senator Bill Perkins and others, amici curiae.

Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge READ concurs.


OPINION OF THE COURT

Chief Judge LIPPMAN.

We conclude that the New York City Department of Education (DOE) failed to comply with the requirements of the Correction Law and thus acted arbitrarily in denying petitioner's application for security clearance.

I.

As a general matter, it is unlawful in this state for any public or private employer to deny any license or employment application ...

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