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MTR OF DEMPSEY v. NYC DOE

No. 59.

25 N.Y.3d 291 (2015)

33 N.E.3d 485

11 N.Y.S.3d 529

In the Matter of LUTHER DEMPSEY, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Court of Appeals of New York.

Decided May 12, 2015.

Attorney(s) appearing for the Case

South Brooklyn Legal Services, Brooklyn ( Nicole Salk of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York City ( Karen M. Griffin,   Richard Dearing and Francis F. Caputo of counsel), for respondents.

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

Judges READ, PIGOTT, ABDUS-SALAAM and STEIN concur; Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

In this CPLR article 78 proceeding, we hold that the respondent agency's denial of petitioner's application for certification as a school bus driver was not arbitrary and capricious. We conclude that Matter of Acosta v New York City Dept. of Educ. ...

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