Disqualification for Education and Work Experience Reversed

 Candidate for the position of Stationary Engineer (Electric) was disqualified in February 2011 due to being educated abroad and lack of work experience.  His Appeal for Manifest Error was denied in March of 2011. In October of 2011, due to a detailed breakdown of Candidate’s education and work experience to the New York City Department of Citywide Administrative Services, Candidate was found qualified and his appeal was dismissed as moot.  

Disqualification for High Blood Pressure Overturned

Nassau County Police Officer candidate failed to meet the Municipal Police Training Council standard for blood pressure and was disqualified in August 2013.  The candidate suffered from White Coats Syndrome which is an elevated blood pressure in a clinical setting.  Candidate had no history of hypertension with his primary physician.  The Nassau County Civil Service Commission agreed to recheck the candidate’s blood pressure and found it to be within the MPTC standards.  Candidate’s disqualification was overturned in October 2013.

Appeal of Disqualification for Stationary Engineer Overturned

 Candidate for the position of Stationary Engineer (Electric) was disqualified in February 2011 due to being educated abroad and lack of work experience.  His Appeal for Manifest Error was denied in March of 2011. In October of 2011, due to a detailed breakdown of Candidate’s education and work experience to the New York City Department of Citywide Administrative Services, Candidate was found qualified and his appeal was dismissed as moot.  

Nassau County Police Department Disqualification for Blood Pressure Overturned

 Nassau County Police Officer candidate failed to meet the Municipal Police Training Council standard for blood pressure and was disqualified in August 2013.  The candidate suffered from White Coats Syndrome which is an elevated blood pressure in a clinical setting.  Candidate had no history of hypertension with his primary physician.  The Nassau County Civil Service Commission agreed to recheck the candidate’s blood pressure and found it to be within the MPTC standards.  Candidate’s disqualification was overturned in October 2013.

NYCTA Employee request for lump sum retirement payout denied

 After retiring with an investigation pending a NYCTA employee filed an Article 78 petition alleging that the NYCTA's decision denying a hearing about his request for a lump sum payout for his time on the books was improper.  The court determined that the employee was not entitled to a hearing because he held a non-competitive class title which was classified as confidential or policy-making and New York State Civil Service Law does not guarantee disciplinary hearings for these titles.  Furthermore, the decision was not arbitrary nor capricious.  Read about this New York State Civil Service Law case. 

Off-duty NYPD Detectives use of force found not actionable

 An off-duty NYPD detective fired his weapon at a vehicle but the driver was not struck nor harmed. The officer and City were found not liable after trial.

The Appellate Division, First Department affirmed the lower court's ruling that the verdict for the defendant's should not  be set aside.  The NYPD patrol guide states that deadly force should only be used against the occupants of a moving vehicle are using deadly force against the officer of others by means "other than the vehicle." 

The reviewing court held that the detective was justified in the use of force because he fired two shots before the driver drove the vehicle towards the same detective almost hitting him. The decision of the Firearms Discharge Review Board that the detective violated the Patrol Guide was not a precedent for the negligence trial in Supreme Court.   Read about this NYPD negligence case

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One Year Driver's License suspension affirmed

In this Article 78 case the driver appeal a one year driver's license suspension which was initially imposed by an Administrative Law Judge.  The driver appealed to the NYS DMV Appeals Board.  The driver had fallen asleep at the wheel and her vehicle crossed over into oncoming traffic and struck a vehicle head on resulting in the death of the other vehicle's driver. The Appellate Division Second Department confirmed the one year suspension writing that the Supreme Court was incorrect in reducing the penalty to 60 days. The appeal court held that the one year suspension was not so disproportionate to the offense to be "shocking to one's sense of fairness or an abuse of discretion as a matter of law" read about this Article 78 NYS DMV case here.

CSEA forces arbitration before termination

 Nikki is handled by the law William Scoma civil-service employees Association was able to convince the second department Appellate Division to afford and employee who was terminate arbitration prior to the termination. The Freeport Housing Authority playing employee was probationary employee. The agreement indicated under the collective bargaining agreement that probationary employees served between 26 weeks. Cheryl Scott employee in question answered for one year. Accordingly the court held that Ms. Scott entitled to an arbitration prior to termination you can read about this service civil-service discipline case by clicking here.

to see cases and information about Long Island DWI defense click here.

Guide to Understanding Teacher Discipline

 I have prepared a Primer on Understanding Teacher Discipline.  

Click here for the Guide to Understanding Teacher Discipline

Termination of Tenancy Proper when Income is not properly Reported

 NYC HPD moved to terminate the tenancy benefits of petitioner, Perrett when it was found that  Petitioner’s daughter’s $30,000 income was not reported to the subsidizing authority.  The court found that termination of the tenancy was no so disproportionate  to  the offense in light of all the circumstances as to be shocking to once sense of fairness which is the Article 78 standard of review .  Accordingly the termination of the tenancy was confirmed by the Appellate Division, First Department.