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McMILLAN v. DEPARTMENT

100828/2014

48 Misc.3d 394 (2015)

9 N.Y.S.3d 791

2015 NY Slip Op 25114

In the Matter of KAREN McMILLAN, Petitioner, v. DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES et al., Respondents.

Supreme Court, New York County.

Decided April 13, 2015.

Attorney(s) appearing for the Case

Community Service Society ( Kimberly Westcott of counsel) for petitioner.

Zachary W. Carter , Corporation Counsel ( Joseph D. Lockinger of counsel), for respondents.

OPINION OF THE COURT

This case presents a novel issue: May a public agency rationally disqualify an ex-criminal offender from an employment opportunity by ascribing guilt to that individual for a higher offense than the offense for which that individual accepted guilt and was later awarded a certificate of relief from...

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