The Law Office of Kevin P. Sheerin is dedicated to servicing Civil Servants in the New York City and surrounding areas. We assist applicants who have be disqualified for Civil Service jobs including NYPD; FDNY; Corrections; New York City Transit; Health and Hospitals Corporation and others.
Upcoming City Exams
As reported by Lisa Colangelo of the NY Daily News, New York City released a list of city exams that it plans to give over the next 12 months. These exams are for jobs ranging from a police officer and school safety to case workers, statistician and plasterers.
Civil service is great opportunity for job seeker, but test takers need to keep in mind that taking or even passing an exam does not guarantee a job. New York City is also making it easier to take the exams by offering a number of tests at the Department of Citywide Administrative Services Computerized Testing Centers. The exam fee ranges from $40 and higher and applicants must have a bachelor’s degree.
For more information regarding the upcoming exams, please got to
www.nyc.gov/dcas
Petition Dismissed Based on Support From Substantial Evidence
In the Matter of Mark Scott v Brian Fischer, as Commissioner of Correctional Services, et al.
In this Article 78 cases, petitioner sought review of respondent’s conclusion which found petitioner guilty of violating certain prison disciplinary rules.
During a pat frisk of petitioner by a correction officer, petitioner seemed to have swallowed a foreign object that he was hiding in his mouth. He was, then, escorted to the hospital for an x-ray.
The x-ray revealed a razor blade wrapped in some type of material in his stomach. For the next few days, petitioner was placed on a contraband watch, but no razor blade turned up. In a misbehavior report, petitioner was charged with the following: (1) possessing a weapon, (2) possessing contraband, (3) violating search and frisk procedures and (4) possessing gang material. However, he was found of everything but of possessing gang material.
The determination was supported by the following substantial evidence: x-ray taken at the hospital, the misbehavior report, the testimony of the correction officer who authorized it, the testimony of the lieutenant who ordered the pat frisk, the testimony of the sergeant who was present at the pat frisk and the testimony of the nurse who reviewed the x-ray.
Petitioner, however, states that the determination is not supported by substantial evidence because the x-ray taken two days after the incident did not show any object in the petitioner stomach, nor was any contraband recovered.
The courts determination was confirmed, without costs, and petition was dismissed
Read more about this Article 78 case here.
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