New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Teacher’s “U” rating reversed after Article 78 lawsuit

Posted in 3020a, Article 78, Civil Service

Teacher received an “U” rating due to a number of factors including attendance and lateness for the 2010-2011 school year. She received unsatisfactory ratings in seven categories in her Annual Professinal Performance Review (APPR). Her principal wrote to her stating that improperly prepared paperwork would be considered and unsatisfactory rating.

As was her right the petitioner requested and received a Chancellor’s Committee hearing.  After the hearing the Chancellor’s committee affirmed the principal’s decision to give the petitioner a “U” rating stating that petitoner had excessive absences before and after weekends and holiday and “a lack of impact on student growth.”

Teacher filed an Article 78 Petition in Supreme Court appealing the Chancellor’s Committee decision.

Special Circular 45 a memorandum issued by respondents in response to the mandate in the Commissioner of Education regulations (8 NYCRR) sect 100.2(o) outlines the methods required for rating personnel.

The Court held that only one observation was insufficient and the fact that the teacher did not have an in-discipline supervisor to critique her work.

Read about this Article 78 reversing a teacher’s U rating here.

Some factors in NYPD psychological disqualification

Posted in Uncategorized

What are some of the reasons a candidate can be psychologically (psych) disqualified for the NYPD police officer title or other civil service titles?

If a candidate had an IEP Individual Education Plan in school some of the NYPD psychologist see this as a reason to disqualify a candidate. The NYPD psychologist will ask you to sign an authorization to get your school records. When the records are received they will review them and determine if the issues you had in school will effect your candidacy.

Another reason for an NYPD psychological disqualification is if you took ADHD medicine while in school. Again the NYPD psychologist will request an authorization to obtain your records from school and review them to determine if you should be disqualified on that basis.

Even attending “resource room” services in school could be a factor.

As always the NYPD psychologists decision is not final.

You can appeal by getting an independent psychologist to assist you and by explaining that what happened in school is not your current condition or state. Often candidates have outgrown the need for medicines or their condition has not followed them into adulthood.

As always if you do not take action the disqualification will become final and effect your ability to get other civil service jobs.

If you would like to discuss these issues or if you have received a Notice of Proposed Disqualification or Notice of Disqualification please call my office toll free at (888)998-9984.

Please visit my website for New York Civil Service disqualification issues. 

Factors considered in NYPD Disqualifications

Posted in Uncategorized

When appealing an NYPD character disqualification what are the factors considered?

Frequency of violations or infractions, such as arrests, moving violations or other incidents such as school discipline or work discipline.  If you were suspended or expelled from school this would work against your NYPD Police Officer application. Also if you were late or disciplined at your job this would be a problem in your application.  If you were terminated from one or more jobs without a good explanation this also would be something you would have to explain.

Severity of violations or infractions.   If you were arrested and charged with crimes that is, felonies or misdemeanors that would be something you would have to explain on appeal.  If the disposition or final outcome of your case was dismissal or a lesser charge that could help you in your appeal.

The recency of your last violation or infraction is also important your NYPD character appeal.  If it has been a decade or even five years since your last infraction that could help you showing the New York City Civil Service Commission that you have changed your behavior for the better.

The three categories do not stand alone- they are considered together in your appeal.

If you have any questions about NYPD character appeals please call my office at (888)_998-9984 to discuss your case.

Please visit my website for further information.  Click New York Civil Service Law attorney.

Appealing a Character Disqualification from the NYPD

Posted in Disqualification Success Stories, NYPD disqualification appeals attorney, Uncategorized

I posted this information for disqualified candidates 7 years ago and the information contained in the post is essential to appeal today.  If you receive an NYPD character, NYPD psych disqualification or NYPD medical disqualification call me toll free (888)998-99894 to discuss your case.

Appealing a Character Disqualification from the NYPD

Posted in Article 78, Civil Service, Employment Law 

Frequenlty I get calls in my office inquirying about what would disqualifiy a candidate from the NYPD.  The NYC Department of Citywide Administrative Services (DCAS) is the personnel office  for New York City and they make the rules for applicants for NYC positions.  On the DCAS website they list the following list concerning factors that may disqualify a candidate from the NYPD:

The following are factors which would ordinarily be cause for disqualification:

  • Conviction of an offense which indicates lack of good moral character or disposition towards violence or disorder, or which is punishable by one or more years imprisonment.
  • Repeated convictions of an offense which indicate disrespect for the law.
  • Discharge from employment as a result of poor behavior or inability to adjust to discipline.
  • *Dishonorable discharge from the United States Military.
  • Conviction of an offense for Domestic Violence Misdemeanors.
  • *A Felony conviction.
  • Statutory Disqualification (disqualified by law)

A candidate that receives a disqualification from the NYPD other law enforcement or civil service positions can contact my office to see if an appeal would be appropriate:

NYPD Disqualification Appeals for Disqualified Candidates

Posted in NYPD disqualification appeals attorney

We continue to assist candidates that have been disqualified from the NYPD.  for over 12 years we have assisted candidates that received letters for NYPD psych disqualification, NYPD character or background disqualification or NYPD medical disqualification.  In each of these areas we have had success in appealing the grounds for disqualification.

It is crucial for you to have a NYC Civil Service disqualification appeals attorney assist you in your fight to appeal your disqualification.  I frequently appear at the NYC Civil Service Commission to argue on behalf of my clients that their disqualification was improper.

NYPD psychological disqualification and NYC Department of Corrections psychological disqualifications are frequently appealed.  It is important to hire someone that knows the area thoroughly and has appeared before the Civil Service Commission and knows their rules and procedures and how they have decided cases in the past.

We offer a free consultation for your NYPD disqualification case. Please call us toll free at (888)-998-9984 to discuss your case or you can contact me.

To read about some NYPD disqualification cases visit my blog at

Can employee placed on union paid release time be shielded from discipline?

Posted in Civil Service, Civil Service Discipline

This is the question that was posed in the case of petitioner versus Manhattan and Bronx Surface Transit Operating Authority “MABSTOA”

The Appellate Division First Department decided that it was violative of public policy to allow the union to place an employee who was to be disciplined on union paid release time. The lower court Judge in the Supreme Court, New York County held that imposing discipline on an employee on release time violated the collective bargaining agreement(CBA).  Since the authority violated the collective bargaining agreement the lower court judge held that an arbitrator’s award reinstating the employee should be confirmed.

The First Department held that the CBA award which reinstated a sexual offender ran counter to the strong public policy against sexual harassment and the workplace. Accordingly, the CBA cannot protect employees from discipline for sexual harassment was this would violate public policy. You can read about this  New York City civil-service discipline case by clicking here.

DCAS Special Officer Disqualification Reversed

Posted in Civil Service, Employment Law, Uncategorized

In a lawsuit brought by the New York community service Society for petitioner, KM, Judge Moulton of the New York County Supreme Court Held That BOTH the Department of Citywide Administrative Services and the New York City Civil Service Commission Failed to Consider Correction Law Article 23 a in Disqualifying the Petitioner. Petitioner applied for DCAS special officer title was disqualied. She appeal to the New York City Civil Service Commission who upheld the disqualification. Article 23 – A of the New York State Correction Law which was enacted in 1976 attempts to eliminate the effect of bias against ex-offenders by imposing an obligation on employers and public agencies to deal equitably with them by setting out a broad general rule that employers and public agencies cannot deny employment or license to an applicant solely based on the applicant status as an ex-offender.

Read about this Article 78 Civil Service Job disqualification case by clicking here.

TLC Article 78 case

Posted in Uncategorized

Petitioner taxicab driver was found to have overcharged passengers on three occasions. Nonetheless he was only adjudicated once as having done so. The Appellate Division, first Department found that the driver had failed to exhaust his administrative remedies because despite multiple overcharging incidents he had only been adjudicated one time is having overcharged. The regulation 35 RC NY 54 – 02 (e) states that the taxi and limousine commission “shall revoke” when there are three findings by the TLC of overcharging. Since this was a discretionary revocation case the driver was required to file an internal appeal to the Commission prior to filing and Article 78 suit.

The court also found that there was substantial evidence in the record that respondent taxicab driver had a specific intent to overcharge riders.


Read about this TLC Article 78 Case.

New York City violates due process law in Civil Service Law section 71 and 73 case

Posted in Accidental Disability Pensions, Civil Service

Employee of Department of Environmental Protection was found to have been illegally terminated when New York City failed to give proper notice in Civil Service Law section 73 and Civil Service Law section 71 case.

Originally petitioner was terminated for failing to reply to a effort to terminate him for  non occupational injury. Later<, respondents New York City changed  the termination cause to a different section of the Civil Serivce Law section 71 without giving the employee Notice of the pending termination and an opportunity to be heard.

Section 73 involves termination for nonoccupational injuries. Civil service law section 71 relates to termination for occupational or on-the-job injuries. Part of the strategy and controversy was whether the employee of DEP should have conceded he received a  non-occupational injury at the same time his workers compensation case was being contested.

The city and improperly changed the termination effort to an occupational injury without giving notice to the petitioner or opportunity for the petitioner be heard regarding whether he actually suffered an on the job injury.

This retroactive change of the type of injury was found by the court to be improper.

Judge Alexander Hunter the Supreme Court held that the question of the hearing was a moot question in so far as the notice and opportunity to be heard was violated.