By Kevin Sheerin on Posted in Civil Service,NYPD disqualificationThis is a short video about the New York State Civil Service Law section 61 as known as the 1 in 3 rule. Call if you have any questions about the 1 in 3 rule please call 516 248 3494. Visit my website www.sheerinlaw.com Mr. Harvey Randall, New York State Civil Service law scholar… Continue Reading
By Kevin Sheerin on Posted in Civil Service,Civil Service DisciplineSection 76 of the New York State Civil Service Law permits aggrieved employees to appeal a determination after disciplinary proceeding to the NYC Civil Service Commission through an Article 78 proceeding. Civil Service Law section 76 states that the Commission’s decision “shall be final inconclusive, and shall not be subject to further review in any… Continue Reading
By Kevin Sheerin on Posted in Civil Service,NYPD disqualification appeals attorneyNYPD Psych Disqualification Disqualified NYPD Police Officer candidates who receive a letter called Notice of Proposed Disqualification (NOPD) based on psychological issues must file an appeal within 30 days! Failure to file an appeal and designated an expert to receive your file to prepared an rebuttal appeal report will result in having your case dismissed… Continue Reading
By Kevin Sheerin on Posted in Article 78,Civil Service,Civil Service DisciplinePlaintiff 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… Continue Reading
By Kevin Sheerin on Posted in Civil Service,Employment Law,NYPD disqualification appeals attorneyGovernor Cuomo signed a bill to allow provisional City workers a one time opportunity to take a “Qualified Incumbents Exam” and become permanent in their title. This exam would be given as long as there were no upcoming open competitive examination for that title. This bill seeks to reduce the number of provisionals working in… Continue Reading
By Kevin Sheerin on Posted in 3020a,Civil Service,Civil Service Discipline,Teacher IssuesPetitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have… Continue Reading
By Kevin Sheerin on Posted in Article 78,Civil ServiceOne 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… Continue Reading
By Kevin Sheerin on Posted in 3020a,Article 78,Civil Service,Civil Service Discipline,Teacher IssuesThe 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… Continue Reading
By Kevin Sheerin on Posted in Civil Service,Disqualification Success Stories,NYPD disqualification appeals attorneySome of the Most Frequent questions I receive: Should I appeal my Civil Service job disqualification? Well, consider what happens to your chances of being a law enforcement officer if you let a disqualification stand. Most law enforcement agencies are required to conduct an investigation for every exam you take but how authentic will it… Continue Reading
By Kevin Sheerin on Posted in Article 78,Civil ServiceA 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… Continue Reading
By Kevin Sheerin on Posted in 3020a,Article 78,Civil ServiceTeacher 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… Continue Reading
By Kevin Sheerin on Posted in Civil Service,Civil Service DisciplineThis is the question that was posed in the case of petitioner versus Manhattan and Bronx Surface Transit Operating Authority “MABSTOA” The Appellate Division First Department decided that it was violative of public policy to allow the union to place an employee who was to be disciplined on union paid release time. The lower court… Continue Reading
By Kevin Sheerin on Posted in Civil Service,Employment Law,UncategorizedIn a lawsuit brought by the New York community service Society for petitioner, KM, Judge Moulton of the New York County Supreme Court Held That BOTH the Department of Citywide Administrative Services and the New York City Civil Service Commission Failed to Consider Correction Law Article 23 a in Disqualifying the Petitioner. Petitioner applied for… Continue Reading
By Kevin Sheerin on Posted in Accidental Disability Pensions,Civil ServiceEmployee of Department of Environmental Protection was found to have been illegally terminated when New York City failed to give proper notice in Civil Service Law section 73 and Civil Service Law section 71 case. Originally petitioner was terminated for failing to reply to a effort to terminate him for non occupational injury. Later<, respondents… Continue Reading
By Kevin Sheerin on Posted in Civil Service 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… Continue Reading
By Kevin Sheerin on Posted in Accidental Disability Pensions,Civil ServiceThe Plaintiff was a Sergeant in the Detective Bureau of the NYPD and when she stepped off a curb to assist a motorist with directions when she was injured. The case was dismissed on motion because it was determined that she was unable to prove that the city had prior notice of the defective condition… Continue Reading
Section 76 of the New York State Civil Service Law permits aggrieved employees to appeal a determination after disciplinary proceeding to the NYC Civil Service Commission through an Article 78 proceeding. Civil Service Law section 76 states that the Commission’s decision “shall be final inconclusive, and shall not be subject to further review in any… Continue Reading