New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

NYPD disqualification appeal first to New York City Civil Service Commission

Posted in Uncategorized

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.

NYPD Disqualification Appeals Lawyer

Posted in Disqualification Success Stories, NYPD disqualification appeals attorney

If you received a Notice of Proposed Disqualification in your email inbox you can appeal.  I offer a free consultation if you receive an NYPD psychological disqualification, medical disqualification or character/background disqualification.  Please call 516-248-3494 or email me at kevin@sheerinlaw.com to arrange for a free consultation.  Two factors are crucial in your disqualification appeal.  The first is following the appeal process.  The second is the facts of your case.

It is vital that you consult with someone experienced in this appeals process.  Appealing the Notice of Proposed Disqualification NOPD on your own can cause you to miss opportunities to make crucial arguments that could turn the appeal in your favor.

Please call or email me to discuss your appeal.

NYPD, FDNY, DSNY, Corrections disqualification appeals

Posted in Disqualification Success Stories, NYPD disqualification appeals attorney, Uncategorized

The 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 improved dramatically over the 15 years I have been helping disqualified candidates appeal their disqualifications.  A new online computer application handled the appeal filing process.

I created this video to explain the civil service job disqualification appeal process.

Visit my website http://www.sheerinlaw.com  for more information about the disqualification appeal process.

Article 78 for teaching license reinstatement denied

Posted in 3020a, Article 78, Civil Service Discipline, Teacher Issues

Petitioner retired while 3020a disciplinary charges were pending against him.  The Appejohn-mark-kuznietsov-38862llate 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.

Medical Appeals and Reinstatement Civil Service Law 71/72/73

Posted in Uncategorized

 

Civil Service Law 71/72/73

Civil Service Law 71/72/73

To 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 be taken to DCAS’s website for the form and instructions.

If you have any questions or need an attorney for your Civil Service Law 71/72/73 case please call me at (516)248-3494 or email me at kevin@sheerinlaw.com

Visit my Civil Service Law website www.sheerinlaw.com

Or if you need a real estate attorney for buying or selling a home visit lirealestateattorney.com

 

Was revocation of Alcohol Counselor’s clearance because of old convictions proper?

Posted in Civil Service Discipline, Employment Law, Uncategorized

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 the Petitioner.

The issues addressed were:

Does the Law enforcement exception to Corrections Law 23-a apply?  Applicants or candidates for law enforcement positions are exempt from the protections of Corrections Law Article 23-a.  Respondent’s argued that the Petitioner was to be treated as a civilian licensed or seeking a license to work in a correctional facility or “to be hired by a law enforcement agency.”

The Court held that “…it is undisputed that Petitioner’s license, rather than employment, is in issue, the law enforcement exemption is inapplicable.”

The Court ordered: the revocation of the security clearance vacated and Respondents directed to reinstate the Petitioner.

Read about this Article 78 employment law case here.

Civil Service Law Section 76

Posted in Civil Service, Civil Service Discipline

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 court.”

In the case of New York City Department of Environmental Crotection vs. the NYC Civil Service Commission decided on December 12, 1991 to the highest court in New York State, the Court of Appeals determined that unless the Commission has acted illegally, unconstitutionally or in excess of its jurisdiction an appeal of the discipline imposed by city agency (excluding NYPD) send to the NYC Civil Service Commission and in some way to altered by the Commission will not be reversed by the Courts.

EPA v. NYC Civil Service Commission 78 NY2d 318.

NYPD psych disqualified candidates MUST appeal upon receipt of Notice of Proposed Disqualification-NOPD

Posted in Civil Service, NYPD disqualification appeals attorney

NYPD 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 by the NYC Civil Service Commission if you file an appeal AFTER receiving a Notice of Disqualification (NOD) from the NYPD Psychological Services Section.

Privilege against self incrimination not violated at NYS CSL sect 75 hearing

Posted in Article 78, Civil Service Discipline, Uncategorized

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 with respect to the use of the statements in a criminal proceeding.

In Matt v. Larocca, 71 N.Y.2d 154, 524 N.Y.S.2d 180, 518 N.E.2d 1172 (N.Y., 1987) considering the same issue the court held:

We conclude therefore that insofar as petitioner was not requested to waive his right to immunity before answering questions specifically, directly and narrowly relating to his official duties, his dismissal did not violate fundamental fairness or his privilege against self-incrimination. Moreover, there is substantial evidence in the record to support the Commissioner’s determination that petitioner willfully refused to answer the questions posed, and dismissal under the circumstances is not ” ‘ “so disproportionate to the offense * * * as to be shocking to one’s sense of fairness”

The court went on to find that the penalty of dismissal did not shock one’s sense of fairness.

Read about this Article 78 Civil Service Law 75 appeal.

For information on NYPD background appeals visit www.sheerinlaw.com

For NYPD disqualification psych appeals visit this link.