Police Officer Candidate’s Disqualification based upon Hearing Impairment Annulled
Continue Reading Police Officer Candidate’s Disqualification based upon Hearing Impairment Annulled
NYPD Disqualification – Must first Appeal to New York City Civil Service Commission
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
Article 78 and Civil Service Jobs
Article 78 for teaching license reinstatement denied
Petitioner retired while 3020a disciplinary charges were pending against him. The Appe
llate Division Second Department held that the teacher was presumed to have known the Chancellor’s rule that you cannot have your license reinstated if you resign with 3020a charges pending.
Read about this Article 78 3020a case here.
Privilege against self incrimination not violated at NYS CSL sect 75 hearing
After charges were filed and a hearing held before a hearing officer Petitioner filed an Article 78 suit claiming his privilege against self incrimination had been violated.
The Appellate Division, Second Department wrote: “The privilege against self-incrimination was not a bar to the disciplinary charges because the petitioner was not required to waive his immunity
Plaintiff Failed to Comply with County Law 52 – Case Dismissed
Plaintiff claimed improper termination from respondent County and alleged protection under civil service law section 75 – be the public sector whistleblower law.
Plaintiff failed to file a notice of claim as required by County law section 52 and defendants motion to dismiss this improper termination case was granted. New York State general municipal
NO CREDIT FOR TIME TEACHING UNDER A DIFFERENT LICENSE Article 78 appeal denied
The question presented in this Article 78 appeal:
Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status?
In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to
Article 78 appealing abolishment of City Laborer position denied
One of the issues that arises in eligible list controversies is when an eligible is not reached on a list. This happens frequently in my practice that candidates call and tell me they passed an exam but either their score was not high enough to have a reasonable chance of having their list number reached
Environment Control Board Hearings- Use Caution!
Petitioner is this Article 78 proceeding had been issued Notices of Violation (NOV) for failing to obtain a work permit and failing to correct violaitons. Petitioner was represented by an attorney at the first hearing and requested an adjouned and this request was granted. Petitioner and his attorney were informed that the next hearing date
Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days
The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose.
The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice