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… Continue Reading
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NYPD, FDNY, DSNY, Corrections disqualification appeals
Posted in Disqualification Success Stories, NYPD disqualification appeals attorney, UncategorizedThe disappointment and frustration of receiving a disqualification letter from NYPD, FDNY, DSNY or New York City Department of Corrections can be addressed by taking action rather than giving up. One of the great parts of New York City civil service jobs is the New York City Civil Service Commission. The process of appeals has… Continue Reading
Medical Appeals and Reinstatement Civil Service Law 71/72/73
Posted in UncategorizedTo protect your job you may have to apply for reinstatement after being place on Section 72 leave. You would need to fill out DCAS’s Medical Reinstatement form. Along with the form you may have to attach the relevant documents about your leave and fitness for duty and job description. Click this link to… Continue Reading
Was revocation of Alcohol Counselor’s clearance because of old convictions proper?
Posted in Civil Service Discipline, Employment Law, UncategorizedThis 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… Continue Reading
Terminated school employee Article 78 Dismissed
Posted in UncategorizedPrivilege against self incrimination not violated at NYS CSL sect 75 hearing
Posted in Article 78, Civil Service Discipline, UncategorizedAfter 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… Continue Reading
NYPD Disqualification for Loud Exhaust or Tinted Windows
Posted in UncategorizedNYPD Disqualification Often younger people most often men accumulate summones 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.… Continue Reading
Pistol Permit denied after Article 78 Petition
Posted in UncategorizedPetitioner was denied a pistol permit and filed suit. Carol S. Klein was an acting Suprme Court Judge in Orange County, New York. The Appellate Division, Second Department affirmed Judge Klein’s decision to uphold the pistol licensing officer’s decision to deny the applicant a permit. Penal Law sect 400(1) sets forth the eligiblity requirements for… Continue Reading
Article 78 denied NYC DOB single attempt at service of NOV and “affixing” found sufficient service.
Posted in UncategorizedPetitioner filed suit under Article 78 to vacate decisions on nine Notices of Violation (NOV) file against them by the Department of Buildings. (DOB) At issue was whether a single attempt at personal service following by “affixing” a notice was sufficient. The court held that this was sufficient and that the New York City Charter… Continue Reading
Some factors in NYPD psychological disqualification
Posted in UncategorizedWhat are some of the reasons a candidate can be psychologically (psych) disqualified for the NYPD police officer title or other civil service titles? If a candidate had an IEP Individual Education Plan in school some of the NYPD psychologist see this as a reason to disqualify a candidate. The NYPD psychologist will ask you… Continue Reading
Factors considered in NYPD Disqualifications
Posted in UncategorizedWhen appealing an NYPD character disqualification what are the factors considered? Frequency of violations or infractions, such as arrests, moving violations or other incidents such as school discipline or work discipline. If you were suspended or expelled from school this would work against your NYPD Police Officer application. Also if you were late or disciplined… Continue Reading
Appealing a Character Disqualification from the NYPD
Posted in Disqualification Success Stories, NYPD disqualification appeals attorney, UncategorizedI posted this information for disqualified candidates 7 years ago and the information contained in the post is essential to appeal today. If you receive an NYPD character, NYPD psych disqualification or NYPD medical disqualification call me toll free (888)998-99894 to discuss your case. Appealing a Character Disqualification from the NYPD Posted in Article 78,… Continue Reading
NYPD Disqualification appeal
Posted in UncategorizedNew York Civil Service Law Attorney to help you with your disqualification appeal to NYPD, New York City Police Department; FDNY, Fire Department of City of New York; NYC Department of Sanitiation; New York City Department of Corrections or DCAS New York City Department of Citywide Administrative Services.… Continue Reading
DCAS Special Officer Disqualification Reversed
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
TLC Article 78 case
Posted in UncategorizedPetitioner taxicab driver was found to have overcharged passengers on three occasions. Nonetheless he was only adjudicated once as having done so. The Appellate Division, first Department found that the driver had failed to exhaust his administrative remedies because despite multiple overcharging incidents he had only been adjudicated one time is having overcharged. The regulation… Continue Reading
New Regulations Concerning DWI/DUI Offenses
Posted in UncategorizedNew Regulations Concerning DWI/DUI Offenses… Continue Reading
New Regulations Concerning DWI/DUI Offenses
Posted in UncategorizedAs of now, all people that require a substance abuse screening or assessment are required to submit to a drug test, consent to having the evaluator look at their DMV Driving Abstract, arrest information as well as allow the evaluator to contact a significant other who will be questioned regarding the arrest. Starting… Continue Reading
New Cases
Posted in UncategorizedHere are some new cases of interest from local courts. CNN… Continue Reading