A police officer must first file an appeal with the NYC Civil Service Commission before filing an Article 78 under the doctrine of “exhaustion of remedies.”

A hiring agency may disqualify a candidate up to three years after hiring the candidate.  The three year limit does not apply if fraud was used in the application process.

In the instant case the Appellate Division, First Department dismissed the Article 78 because the candidate failed to appeal to the New York City Civil Service Commission before filing the Article 78 lawsuit.

Read about this NYPD disqualification case here.