Law Office of Kevin P. SheerinCandidates may have an overflowing inbox with 25, 50 or 100 emails a day.  If you miss a Notice of Proposed Disqualification (NOPD) email for a NYPD psychological disqualification or a Notice of Disqualification (NOD), and you do not respond within 30 days, your appeal may be dismissed.

Candidates may claim, “I never got it!”,

Law Office of Kevin P. Sheerin

If you are disqualified from a New York City job, such as painter, electrician, computer specialist or any other job, you can appeal.

Often your first appeal will be to the Committee on Manifest Errors- CME. If the CME denies your appeal, your next appeal would be to the New York City Civil Service Commission.

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,

This was the recently issue in an Article 78 suit brought of remedy a security clearance revocation for old criminal convictions.   The Court addressed the issue of whether an alcohol counselor was seeking “membership” in a law enforcement agency.  The court answered this question in the negative and ordered reinstatement of the security clearance for

Governor 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

This Article 78 cases considered the requirement to file a Notice of Claim within 90 days of being terminated.  The court held that a Notice of Claim must be filed in the case of an employee being terminated.  A hearing officer found that a BOCES employee guilty of miscouct and insubordination and the respondent’s moved

So I frequently get asked the question:

Are there are options when you are terminated following administrative hearing?

The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court

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