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.
Court of Appeals of New York.
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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