MATTER OF STEWART v. NEW YORK CITY DEPARTMENT OF EDUCATION

11384.

182 A.D.3d 472 (2020)

122 N.Y.S.3d 617

2020 NY Slip Op 02275

In the Matter of Robert Stewart, Appellant, v. New York City Department of Education, Respondent.

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

Decided April 16, 2020.


The DOE rationally concluded that petitioner's past misappropriation of funds in a kickback and bid-rigging scheme when he worked as a DOE custodial engineer, leading to his guilty plea for conspiracy to misapply property (see 18 USC § 371), justified the denial of his application for employment for the subordinate position of cleaner. His past behavior had a direct bearing on his fitness or ability to perform the cleaner job duties and posed an unreasonable risk...

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