November 16

CPLR Article 75 suit to overturn Arbitartor’s decision in Education Law 3020-a proceeding denied

In this article 75 petition to vacate the determination of an arbitrator FEV which is made pursuant to education law section 3020 – a
The arbitrators’ from that ensued in seven appropriate, with professional, or insubordinate conduct were proven. Accordingly petitioner is civil service law section 75 –b defensive retaliation was unavailing.
Finally the penalty imposed is not so disproportionate to the misconduct has to be shocking to one’s sense of fairness (Pell v Mamaroneck)

Visit my blog www.civilservice.sheerinlaw.com

Read more about this teacher discipline case by clicking here.

July 8

NYPD DISQUALIFICATION ELIGIBLE LIST EXPIRATION CALL DCAS HELPLINE 212-669-1357

NYPD Disqualification

If you are in the hiring process for a New York City Civil Service job and would like to find out when your eligible list expires:

Dial 212-669-1357
Press 2
Enter your social security number

The DCAS help line will tell you when your list was established and when it will expire. The expiration date is usually 4 years after the list was established or promulgated.

If you received an NYPD Disqualification letter you would probably need one (1) year to process your appeal and if you were to succeed in your disqualification appeal to appointed to the NYPD. Therefore, you should write to your investigator and request that action be taken on your file to allow you sufficient time to appeal if you are disqualified.

February 12

NYPD Psychological Disqualification-One chance to choose expert

I am a NYPD disqualification appeals lawyer who has been assisting disqualified NYPD candidates who have received either an Notice of Proposed Disqualification for psychological reasons or a Final Notice of Disqualification for psychological reasons from the NYPD.

On the Notice of Proposed Disqualification letter the candidate is given an opportunity to select an expert and have the NYPD psychological file sent to that expert for review and the preparation of a rebuttal report. If the disqualified candidate does not respond to the Notice of Proposed Disqualification the NYPD will NOT be released.

It is crucial that the disqualified candidate select a psychologist familar with the appeals process to assist them. ONCE YOU SELECT AN EXPERT TO ASSIST YOU IN YOUR APPEAL YOU WILL MOST LIKELY NOT BE ABLE TO CHANGE YOUR CHOICE LATER.

Also selecting a psychologist that the candidate formerly had counselling session with is also a poor choice.

When you receive a Notice of Proposed Disqualification or Notice of Disqualification from the NYPD Psychological Service Division please call my office at (888)998-9984 to discuss your options.

Also visit my blog civilservice.sheerinlaw.com to read other NYPD disqualification lawyer cases and information

December 2

Can you appeal an Administrative Law Judge’s decision to terminate your employment?

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 of the County concerned and request that a judge reviewed the determination of termination.

One of the very important differences under New York State Education Law 3020a a teacher would have a 10 day Statue of Limitations which runs from the day you are your attorney receives the determination.

In either case you would want to call me at 888-998-9984 to discuss your options.

Visit New York State CPLR Article 78 by clicking here. Click on Civil Service Law and then Article 78.

For teacher issues visit www.attorneyforteachers.com

To look at my blog please visit civilservice.sheerinlaw.com

September 23

NYPD psychological disqualification appeals

What 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 to sign an authorization to get your school records. When the records are received they will review them and determine if the issues you had in school will effect your candidacy.

Another reason for an NYPD psychological disqualification is if you took ADHD medicine while in school. Again the NYPD psychologist will request an authorization to obtain your records from school and review them to determine if you should be disqualified on that basis.

Even attending “resource room” services in school could be a factor.

As always the NYPD psychologists decision is not final.

You can appeal by getting an independent psychologist to assist you and by explaining that what happened in school is not your current condition or state. Often candidates have outgrown the need for medicines or their condition has not followed them into adulthood.

As always if you do not take action the disqualification will become final and effect your ability to get other civil service jobs.

If you would like to discuss these issues or if you have received a Notice of Proposed Disqualification or Notice of Disqualification please call my office toll free at (888)998-9984.

Please visit my blog at New York Civil Service Attorney.