New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

NO CREDIT FOR TIME TEACHING UNDER A DIFFERENT LICENSE Article 78 appeal denied

Posted in Appeal u rating, Article 78, Civil Service Discipline, Teacher Issues

 

The question presented in this Article 78 appeal:

Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status?

In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to her current service push her past probation.  The court ruled that since the original license service was not ruled satisfactory could not be added two the current probationary period.

To read about this probationary teacher termination article 78 appeal click here.

CPLR Article 75 suit to overturn Education Law 3020-a decision denied.

Posted in 3020a, Teacher Issues

In this article 75 petition to vacate the determination of an arbitrator  which is made pursuant to New York State Education Law section 3020 – a

The arbitrators’ from that ensued in seven appropriate, with professional, or insubordinate conduct were proven.  Accordingly petitioner is civil service law section 75 –b defense that the charges were brought in retaliation was unavailing.

Finally the penalty imposed is not so disproportionate to the misconduct has to be shocking to one’s sense of fairness (Pell v Mamaroneck)

Visit my website www.sheerinlaw.com for futher information about similar cases.

Read more about this 3020-a teacher discipline case by clicking here.

NYPD DISQUALIFICATION ELIGIBLE LIST EXPIRATION CALL DCAS HELPLINE 212-669-1357

Posted in Civil Service, Disqualification Success Stories, NYPD disqualification appeals attorney

NYPD Disqualification

If you are in the hiring process for a New York City Civil Service job and would like to find out when your eligible list expires:

Dial 212-669-1357
Press 2
Enter your social security number

The DCAS help line will tell you when your list was established and when it will expire. The expiration date is usually 4 years after the list was established or promulgated.

If you received an NYPD Disqualification letter you would probably need one (1) year to process your appeal and if you were to succeed in your disqualification appeal to appointed to the NYPD. Therefore, you should write to your investigator and request that action be taken on your file to allow you sufficient time to appeal if you are disqualified.

Reinstated Teacher must follow DOE Chancellor’s regulations to retain tenure

Posted in 3020a, Civil Service, Civil Service Discipline, Teacher Issues

Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have a hearing pursuant to Education Law 3020(a). The Court of Appeals upheld the denial of the Article 78 petition ruling that the Petition was required to submit a written request to withdraw his resignation and submit to a medical exam at the direction of the school chancellor.
Read about this Teacher civil service tenure and termination case here.

Visit www.attorneyforteachers.com

NYPD Disqualification for Loud Exhaust or Tinted Windows

Posted in Uncategorized

NYPD Disqualification
Often younger people most often men accumulate summones or moving violations for “loud exhaust” or “tinted windows”. These violations accumulate over time and may grow to 5, 10, 15 or even 20 summonses. As the years pass these young people look to get a job with the NYPD or another law enforcement agency. After the application process they receive a Notice of Proposed Disqualification or NOPD. The NOPD states reasons for disqualification: Driving Record, or Criminal Court Summonses.

Then the time comes to explain these summonses. The challenge arises in formulating an explanation for the large quantity of violations. The hiring agency calls this “disrespect for the law.”
If you are being processed for hiring by NYPD or another law enforcement or civil service department you are required to list every arrest or summons you have received in your life. If you omit even one arrest or summons the hiring agency will disqualify you for “omission of pertinent facts.”

Therefore, you should go to the NYS DMV and request a lifetime abstract of your driving record Also you need to go to the Criminal Clerk’s office in any borough where who may have been arrested and get a Certificate of Disposition for your arrest. When you fill out your APD-5 if you omit any important information you will be disqualified and it will be challenging to explain your omissions.
Please call (888)998-9984 if you receive a Notice of Proposed Disqualification (NOPD) To discuss your options and the appeal process.
Also if you receive a NYPD psychological disqualification call (888)998-9984 or email kevin@sheerinlaw.com to discuss the facts of your case and how the appeal process works.
Please visit my website www.sheerinlaw.com

What is meant by “reasonably perform the duties of police officer?”

Posted in Disqualification Success Stories, EBook-Appealing Civil Service Disqualificaitons

 

This is the question that was presented in Granelle v.  NYC.

The candidate have a spinal condition known as spondylolisthesis. X-rays reveal this condition and he was disqualified from police officer.

 

After disqualification and exhausting his administrative remedies the candidate appealed to the New York State division of human rights. They made a determination that in light of his work in construction and having asymptomatic spondylolisthesis the candidate was qualified for the position of police officer. Paragraph the Appellate Division reversed the determination of the division and appeal was taken to the New York State Court of Appeals.

 

The court held that public employment may not be denied based on speculation or mere possibilities especially when such determination is premised solely on fact of applicants inclusion a class of persons with particular disability rather than upon an individualized assessment of the particular individual.

 

The major holding was that the candidate was presently able to reasonably perform the duties of a police officer and would be able to do so for the foreseeable future and the divisions determination find the candidate suitable for employment was reinstated.

 

Read about this civil service disqualification/NYPD police officer disqualification case here.

Article 78 appealing abolishment of City Laborer position denied

Posted in Article 78, Civil Service

One of the issues that arises in eligible list controversies is when an eligible is not reached on a list.   This happens frequently in my practice that candidates call and tell me they passed an exam but either their score was not high enough to have a reasonable chance of having their list number reached for hiring or that the agency is not likely to hire from the list.

In a case handled by another law firm a city laborer was successful in having his list number adjusted upward but was not reached because the City only hired two eligibles from the list.

Read about this Article 78 for civil service eligible case by clicking here.

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Environment Control Board Hearings- Use Caution!

Posted in Article 78, Environmental Control Board

Petitioner is this Article 78 proceeding had been issued Notices of Violation (NOV) for failing to obtain a work permit and failing to correct violaitons.  Petitioner was represented by an attorney at the first hearing and requested an adjouned and this request was granted.  Petitioner and his attorney were informed that the next hearing date was marked final.  At the next hearing date the Petitioner informed the Administrative Law Judge that he had retained new counsel but the judge denied his request for an additional adjournment.

The Appellate Division, Second Department denied the Article 78 petition and ruled:

There is no right to counsel at civil or administrative proceedings therefore the ALJ’s denial was proper

There was no violation of Petitioner’s rights because the summonsing agent from Department of Buildings was not available to be cross examined at the hearing. (Most likely the summons was used at the hearing as proof of the charges.)

The ALJ’s finding were supported by substantial evidence.

Finally, the penalty imposed did not shock the conscience.

Read about this Article 78 case involving the NYC Department of Buildings (DOB) and hearings at the Environmental Control Board (ECB) here.

Visit my website www.sheerinlaw.com

NYPD Psychological Appeals- One chance to choose expert and obtain NYPD records

Posted in Disqualification Success Stories

I am a NYPD disqualification appeals lawyer who has been assisting disqualified NYPD candidates who have received either an Notice of Proposed Disqualification for psychological reasons or a Final Notice of Disqualification for psychological reasons from the NYPD.

On the Notice of Proposed Disqualification letter the candidate is given an opportunity to select an expert and have the NYPD psychological file sent to that expert for review and the preparation of a rebuttal report.  If the disqualified candidate does not respond to the Notice of Proposed Disqualification the NYPD will NOT be released.

It is crucial that the disqualified candidate select a psychologist familar with the appeals process to assist them.  ONCE YOU SELECT AN EXPERT TO ASSIST YOU IN YOUR APPEAL YOU WILL MOST LIKELY NOT BE ABLE TO CHANGE YOUR CHOICE LATER.

Also selecting a psychologist that the candidate formerly had counselling session with is also a poor choice.

When you receive a Notice of Proposed Disqualification or Notice of Disqualification from the NYPD Psychological Service Division please call my office at (888)998-9984 to discuss your options.

Also visit my website www.sheerinlaw.com to read other NYPD disqualification lawyer cases and information

Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days

Posted in 3020a, Article 78, Civil Service, Civil Service Discipline, Teacher Issues

The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose.

The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice of Claim would have been required.  It stated when only equitable relief or, in other words, reinstated is sought there is no Notice of Claim requirement. see Matter of Sheil v Melucci, 94 AD3d 766

The Notice of Claim requirement is contatined in Education Law 3813 (1).  When more than equitable relief is sought in this type of Article 78 proceeding the filing of a Notice of Claim is a condition precedent to maintaining the proceeding.

Read about this probationary teacher termination case here.

To read about more employment law issues visit www.sheerinlaw.com

Also visit www.attorneyforteachers.com