New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Section 75 decision to terminate a New York State Trooper upheld

Posted in Article 78, Civil Service

A New York State Trooper was terminated after a Section 75 hearing and filed and Article 78 proceeding to appeal the decision. The Appellate Division, Fourth Department affirmed the termination decision.  One of the issues the trooper raised was that one of the charges brought against him violated the 18 month maximum time limit to file charges but in this instance the conduct constituted the NYS Penal Law crime of Official Misconduct  (NYS Penal Law Sect 195.00) and accordingly, the 18 month maximum time limit did not apply.

Petitioner’s other contentions were also dismissed by the appeals court. The Court held that the determination was supported by substantial evidence in the record and that the penalty of termination was not shocking to one’s sense of fairness.

Petitioner also claimed that the lower court improperly denied requests for the production of evidence but the Court held that the Petitioner did not show that the production of the evidence was necessary.

Read more about this New York State Trooper termination Article 78 appeal here.

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Teacher’s U rating reversed because NYC DOE did not follow required procedure

Posted in Appeal u rating, Article 78, Employment Law, Teacher Issues

Petitioner appeal a U rating for the 2010-2011 school year. Judge Hunter upheld the U rating but the Appellate Division, First Department reversed the ruling holding the the BOE, currently DOE did not follow the proper Performance Review Process.  The principal did do an observation of the Petitioner but failed to: file a post observation report; converse with Petitioner after the observation or post comments to Petitioner’s file. Therefore, it was found that Petitioner may not have known that the was considered to be performing unsatisfactiorly.  Read about this Article 78 U rating appeal case there.

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Article 78 Petition by probationary teacher dismissed

Posted in Article 78, Teacher Issues

Petitioner was a probationary teacher with the New York City Department of Education and received a “U” rating. He appealed his “U” or unsatisfactory rating to the Chancllor’s committed and they denied his appeal.  In his Article 78 filing he appealed the composition of the Chancellor’s committee but had failed to preserve his appeal by first bringing up his contentions at the Committee hearing. Accordingly, his first raising this issue in his Article 78 suit was found to be improper and this contention was denied.

The Chancellor Committee decision to uphold the “U” rating was unanomous against the Petitioner.  On appeal the Appellate Division, Second Department held that the Petitioner failed to prove bad faith on the part of the Respondent DOE nor did he prove that they had acted for some unconstitutional purpose or in violation of law.

Additionally, Petitioner’s “U” rating was not issued in an “arbitrary or capricous” manner nor was it irrational.  Read this Article 78 to reverse a “U” rating here.

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Pistol Permit denied after Article 78 Petition

Posted in Uncategorized

Petitioner was denied a pistol permit and filed suit. Carol S. Klein was an acting Suprme Court Judge in Orange County, New York.  The Appellate Division, Second Department affirmed Judge Klein’s decision to uphold the pistol licensing officer’s decision to deny the applicant a permit.

Penal Law sect 400(1) sets forth the eligiblity requirements for a pistol license. They included being more than 21 years; no felony or serious crime convictions; not having a license revoked; and being a person who has no good cause existing for denial of the license.

The standard of review is whether the licensing officer’s decision was arbitrary and capricious. In this case it was not due to applicant’s criminal history and other issues found by the licensing officer.

Read about this Article 78 for a pistol licenses denial here.

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Article 78 denied NYC DOB single attempt at service of NOV and “affixing” found sufficient service.

Posted in Uncategorized

Petitioner filed suit under Article 78 to vacate decisions on nine Notices of Violation (NOV) file against them by the Department of Buildings. (DOB)  At issue was whether a single attempt at personal service following by “affixing” a notice was sufficient.  The court held that this was sufficient and that the New York City Charter ordinance 1049-a(d)(2)(b) is not as onerous as the CPLR requirements for service.  Read about this NYC Department of Buildings and Environmental Control Board (ECB) case here.  

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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.

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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