Matter of the Ridge Road Fire District v Michael P. Schiano, as Hearing Officer

In this Article 78 case, Kevin Nowak applied for benefits after experiencing back pain while operating a vehicle in response to a fire alarm in November 2002. Following this incident, Nowak applied for disability benefits and was denied. He then had a hearing which resulted in the Hearing Officer determining that the respondents presented substantial evidence that the disability was related to the performance of Nowak’s duties. An Article 78 proceeding was then commenced in Supreme Court. The Court in turn annulled the order due to the Hearing Officer applying an incorrect standard of review in his analysis of the case based on whether the respondents presented substantial evidence to override petitioner’s determination instead of focusing on whether petitioner’s determination was supported by substantial evidence. The matter was then resubmitted to the Hearing Officer. This time the Hearing Officer concluded that the denial of benefits to Nowak was not supported by substantial evidence.

The Ridge Road Fire District then commenced an Article 78 proceeding and the Court granted the petition concluding that there was substantial evidence to support the denial of benefits to Nowak and that the Hearing Officer’s determination was arbitrary and capricious.

The Court feels that the original decision of the Court was in error because Nowak was able to prove that his job duties were a direct cause of the disability. Nowak’s battalion chief testified that he observed Nowak to be in pain after returning from the fire alarm in November 2002. The determination that the disability was solely related to a prior non-work-related injury was not supported by substantial evidence and therefore the determination that the Hearing Officer’s decision to that effect was arbitrary and capricious was in error. Since Nowak’s operation of the work vehicle was a direct cause of his disability he should be awarded benefits.

Accordingly, the Supreme Court reversed the judgment appealed, dismissed the petition and reinstated the determination of respondent Hearing Officer granting Nowak benefits.

Read more about this Article 78 appeal for benefits for an on duty injury.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

If you have questions about Article 78 appeals, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

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For other interesting information in the personal injury file go to www.negligenceatty.com.

 

Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller

Petitioner was a correction officer for over 20 years. In 2001, he applied for performance of duty disability retirement benefits alleging he was permanently disabled by coronary artery disease (CAD) after having coronary artery bypass surgery. According to petitioner, the disease was caused by the stress of his employment duties which included dealing with inmate riots, threats, attacks, and administrative pressures. Petitioner was found to be permanently disabled but his petition was denied on the ground that his disability was not due to performance of duties. The Hearing Officer determined petitioner’s disability was congenital and denied his application for performance of duty disability retirement benefits. The respondent accepted this determination and petitioner commenced this Article 78 appeal to annul the determination.

Law Office of Kevin P. Sheerin

The petitioner contended that the Hearing Officer’s decision contained significant factual errors such as stating that petitioner had high blood pressure and diabetes with no evidence to support this finding. Additionally, the decision indicated that an expert physician testified regarding his 2001 examination which is false. The physician never testified but only submitted a written report. Due to these factual errors, the Court ruled that respondent failed to present an adequate or accurate statement of the factual basis of its determination and therefore the determination must be annulled.

Accordingly, the Supreme Court annulled the determination, without costs, and remitted the matter to respondent for further proceedings.

Read more about this Article 78 performance of duty disability retirement benefits case here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

If you have questions, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

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Law Office of Kevin P. SheerinIn the Matter of Department of Correction v Stanley Saint-Phard…

In this disciplinary proceeding, pursuant to Article 75 of the Civil Service Law, Respondent, a Correction Officer, allegedly used impermissible force against an inmate by dispersing a chemical agent in the inmate’s face and also placed the inmate in a chokehold.

On October 16, 2008, Eric Smith, an inmate at George Motchan Detention Center was mopping up an area near the A station. Respondent entered the area and asked Smith to return to his cell. After some conversation between the two, Respondent dispersed oleoresin capsicum (“OC”) spray towards Smith’s face. Then Smith began to leave the room when Respondent grabbed him and walked him to the front of the A station wall. Smith began to remove one of his hands from the wall when Respondent brought him to the ground and restrained him.

There were several testimonies by witnesses, but the crucial evidence in this case was the videotape of the incident. The videotape did not have sound, but it depicts that Smith’s hands were behind his back when Respondent used the OC spray within a the three feet radius and is also shows that Respondent’s left arm was around Smith’s neck and he maintained that hold while forcing him to the floor.

First, the video evidence showed that Smith was compliant and not aggressive immediately prior to being sprayed and contradicts Respondent’s written statement. Respondent’s use of the OC spray was prohibited under the Directive 4501R-E. Directive 4501R-E states “that dispersal of hand-held chemical agents is authorized to defend oneself, another employee, inmate or visitor, to maintain the safety and security of the facility, or to enforce Department rules where necessary to promote the good order and safety of the facility.” Also, Respondent’s use of the OC spray was impermissible because the directive states that use of the spray less than three feet away from the intended target is impermissible because spraying the OC within close range can cause severe eye and skin irritation or other injuries.

Second, in Respondent’s written statement, he maintained that he put Smith in an upper body control hold. However,  the videotape showed that Respondent had pushed Smith up against the wall and then put his arm around Smith’s neck. Directive 5006R-C § V (C) prohibits the use of the chokehold except in situations where there is deadly physical force. According to Directive 5006R-C § V (C), you are allowed to use deadly physical force when there is no other reasonable alternative to stop or prevent an escape, or when an officer must “defend him/herself of another person from what he/she reasonably believes to be the use or imminent use of Deadly Physical Force by the inmate.” Respondent’s use of the chokehold was unnecessary and is constituted as excessive force.

Lastly, Respondent’s written statement and use of force report was false and misleading and he submitted the report approximately eleven days after the incident, on October 27, 2008. When an officer is in a use of force incident, a report must be submitted before leaving the facility on the day of the incident. The only exception to this is if you are injured than the use of force report can be submitted at a later time. Respondent claimed that he sustained an injury during the use of force incident and was immediately taken to the hospital. Respondent acknowledges that he may have been back to work before October 27, but cannot provide any plausible reason as why he did not submit the use of force report earlier.

The Administrative Law Judge has come to the following conclusions: (1) although there was no evidence of actual choking, the use of pressure around someone’s neck can potentially cause serious or even fatal consequences; (2) the use of the OC spray at a close range is also dangerous because of the risk of retinal damage with a pre-existing condition; and (3) submission of a late and misleading use of force report is wrong. Due to Respondent have no prior disciplinary record during his five years as a Correction Officer, it is recommended that Respondent be suspended for 60 days.

Read more about this case here.

To read about more similar cases go to http://www.sheerinlaw.com/?id=78.

If you have questions, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

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Law Office of Kevin P. SheerinSometimes younger people (often men), accumulate summonses 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.

When the time comes to explain these summonses, challenges arise 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 the 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. You also 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.

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

Please do not hesitate to call me at 516 248 0040 if you have questions about a Notice of Proposed Disqualification (NOPD) you received. We can schedule a free consultation via ZOOM or at my Mineola office to discuss your options and the appeal process.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

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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 should not  be set aside.  The NYPD patrol guide states that deadly force should only be used against the occupants of a moving vehicle if they are using deadly force against the officer or 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 said 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.   Click the link to read more about this NYPD negligence case.

If you have questions, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

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For more information about my law firm sheerinlaw.com

A 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.  The 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.  The candidate’s disqualification was overturned in October 2013.

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

If you have questions about your disqualification, and would like to schedule a free consultation via ZOOM or at my Mineola office, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

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New York Civil Service Attorney Law Blog | Law Offices of Kevin P. Sheerin

Law Office of Kevin P. Sheerin

If you have received a Notice of Proposed Disqualification (NOPD) you can appeal. I offer a free consultation if you receive a NYPD Psychological disqualification, medical disqualification or character/background disqualification. Please call 516-248-3494 or email me at kevin@sheerinlaw.com to arrange for a free consultation. There are two factors that are crucial in your disqualification appeal. The first is following the appeal process. The second is the facts of your case.

It is vital that you consult with someone experienced in this appeals process. Appealing the NOPD on your own can cause you to miss opportunities to make crucial arguments that could turn the appeal in your favor.

HERE ARE JUST A FEW OF THE MANY CHARACTER DISQUALIFICATION SUCCESS STORIES I HAVE ACHIEVED FOR MY CLIENTS:

N.Y.P.D. POLICE CANDIDATE WAS DENIED DUE TO HIS DRIVING RECORD –
The Applicant was a NYPD Police Candidate. Due to his active status in the military, the candidate was unaware he had infractions on his driving record and could not resolve them immediately due to deployment. I presented this case in front of the New York City Civil Service Commission and established that when Appellant became aware of the infractions, he reported them consistently and credibly. After further consideration, the Commission reversed the disqualification.

NASSAU COUNTY CORRECTIONS OFFICER WAS DISQUALIFIED FOR BACKGROUND REASONS –
A Corrections Officer candidate was denied by The Nassau County Civil Service Commission because of his failure to finish school, as well as his prior private employment issues and arrest record. I represented the client and put together a compelling argument stating that the candidate had turned his life around and worked very hard to get to where he is today despite past circumstances out of his control. After reviewing the appeal argument, the Commission rescinded their disqualification for the Applicant.

If you would like a chance at becoming a success story and having your disqualification reversed, please call 516-248-0040 or email me at kevin@sheerinlaw.com to discuss your NYPD Psych Review and/or NYPD NOPD Psych DQ appeal.

You can also…

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

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Law Office of Kevin P. SheerinCandidates contact me all the time, and email me their NYPD Psych DQ Notice of Disqualification (NOD).  When I ask them to search for pss@nypd.org in their email inbox they say they received a NYPD Psych Review Notice of Proposed Disqualification two or three months prior.  This creates a problem because during processing you agreed that NYPD or another hiring agency could contact you by email.  When you miss the email and 30 days passes your disqualification appeal will be dismissed.

Therefore, it is imperative that you check your emails daily to see if you have received a disqualification email from either pss@nypd.org or APDadmin@nypd.org to prevent you from losing your chance to appeal.

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

If you have questions about your disqualification, and would like to schedule a free consultation via ZOOM or at my Mineola office, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

 

 

 

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NYPD Cops Urged by Flyers Circulating to Call Out Sick on Fourth of July | Inside Edition

The NYC Civil Service Commission has posted on their website that they are operating at an alternate site due to COVID-19.

You may email them rather than attempting an in-person visit regarding your NOPD or NOD in connection with your NYPD Psych DQ or NYPD Psych Review.

Email appeals@nycccsc.nyc.gov

NYC Civil Service Commission announcement.

Law Office of Kevin P. Sheerin

If you have any questions, feel free to contact us at:

Law Offices of Kevin P. Sheerin
323 Willis Av., Suite 1 Mineola, NY 11501
Phone: 516.248.3494
Fax: 516.248.2808
Email: kevin@sheerinlaw.com

https://www.facebook.com/Law-Office-of-Kevin-P-Sheerin-275342279259723/

 

 

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Law Office of Kevin P. SheerinIf you receive a NYPD NOPD psychological disqualification please call (516) 248-0040 or email kevin@sheerinlaw.com to schedule a free in office consultation. Due to Covid-19 and social distancing we are also offering ZOOM consultations.

Kevin has been helping disqualified candidates appeal their NYPD psychological or character disqualifications for more than 18 years now.

He offers many opportunities during the course of your appeal to meet and spend time with him in his office. The first opportunity is when you receive a Notice of Proposed Disqualification or NOPD.

Kevin offers free office consultations. He will meet with you to discuss your history and how the interview with the hiring agency’s psychologist went.  He will discuss with you the topics the NYPD psychologist focused on during your interview.  He will speak with you about your history of arrests, violations or incidents, if any, as well as any problems you may have had in school, at work or in relationships.

During the consultation Kevin will explain to you each and every detail of the NYPD Psych DQ Appeal process.

The consultation generally takes about one hour. After that hour you will better understand the disqualification appeal process and the issues that will ultimately determine your case. Kevin will let you know what he believes your chances are of having your disqualification reversed and what the next best step might be for you.

Once you file a NOPD appeal with your chosen Mental Health Professional (MHP) your chances are very good that the NYPD will offer you a second interview at a different location.  This location is 1 Lefrak City Plaza in East Elmhurst, Queens. These re-interviews are with a different unit which is separate from the Candidate Assessment Division on 20th Street in the old Police Academy building.

If you receive one of these NYPD Psych Review notifications Kevin will prepare with you in his office and will discuss the tips and tactics needed to succeed and how to avoid traps in the re-interview.  He will also discuss the key issues involved in your case so you will have greater insight rather than going in blindly into this re-interview.

During this preparation session you will gain insight into why the hiring agency believes you should be disqualified. Basically,  they believe that you are psychologically unsuitable, so gaining this insight can give you a leg up in your appeal.

If you are unsuccessful or do not receive a second psych interview you will receive a Notice of Disqualification (NOD).  At this point your appeal is filed with the New York City – Civil Service Commission. Even at this second step of the NYPD Psych DQ  process candidates are, more frequently, receiving an additional re-interview. If you receive an additional re-interview after the appeal to the Civil Service Commission, once again Kevin will offer you a preparation session in his office to discuss the process and your best chances for success.

When the NYPD submits documents supporting their decision to uphold your disqualification Kevin requests time to submit a Reply.  He will take the arguments that the NYPD presents and reply to those contentions and point out where they are exaggerated, misguided, distorted or just plain wrong.

After filing a NYPD Psych DQ appeal to the New York City – Civil Service Commission some candidates are granted a Hearing before the Commission. If you receive this hearing Kevin will prepare with you in his office for approximately two hours to again discuss the issues that are going to determine the outcome of your case. He will speak with you about proper attire and grooming when attending the hearing.  He will speak in depth, so you fully understand the function of the New York City – Civil Service Commission and what type of issues they would like to have resolved in order to have your disqualification reversed.

Mr. Sheerin’s standard fee for all of these services, including a hearing, if one is granted, before the New York City – Civil Service Commission is $2500. This flat fee includes an initial in office consultation, an in office preparation session for each and every re-interview you receive and at least one (1)  two hour preparation session if you receive a Hearing before the New York City – Civil Service Commission.

This is the same fee Kevin has been charging since he began doing this type of work back in 2003.

Kevin believes meeting with candidates in person and spending time with them is crucial when deciding the best next step for a potential NYPD career or other employment choice. Spending time drilling down on the issues that form the basis of a disqualification with someone who has been in this line of work for over 18 years is crucial for a candidate trying to get a thorough, complete and accurate understanding of the challenges they are facing.

Phone consultations do not allow for a review of documents such as court dispositions, moving violations, college transcripts or a CAS-5 filled out during the application process. It is crucial to review Individual Education Plans (IEPs) as well as issues regarding ADHD medicines and work or school discipline, suspension or terminations, in order to get a complete sense of your chances on appeal.

Everyone knows how life-changing a successful disqualification appeal can be for you.

By investing some of your time, money and energy you are making the best investment into a successful future for yourself.

If you have questions about your disqualification appeal and would like to schedule a free consultation via ZOOM or at Kevin’s office in Mineola, please do not hesitate to call him at 516 248 0040.

You can also email him at kevin@sheerinlaw.com

Visit his website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit his blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

Law Office of Kevin P. Sheerin
NYPD disqualification appeals

 

 

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