April 7

NYPD Disqualification appeals

Matter of State Div. of Human Rights on Complaint of Granelle, 70 N.Y.2d 100, 103, 510 N.E.2d 799 (1987).

Here, Mr. Granelle was disqualified from employment as a NYPD Police Officer because of an asymptomatic back condition known as spondylolisthesis. The State Division of Human Rights found in his favor, but the Appellate Division dismissed his complaint. But the Court of Appeals reversed and held for Mr. Granelle.

The Division conducted an investigation and had a hearing before an Administrative Law Judge. During the hearing Mr. Granelle testified about his employment history, which most consisted heavy lifting such as working in the construction industry, laborer, and truck driver. But he stated that he never had any back problems that interfered with his jobs. He also introduced evidence from his personal physician who testified that this condition if present in about 10% of the general population and that this condition would not limit Mr. Granelle. The City used the testimony of an appeals examiner that did not conduct an examination of Mr. Granelle but opined that there was a great likelihood of low back disability in the future but there was no reliable statics regarding this. Mr. Granelle was examined by an independent orthopedist who said he his strength was normal.

The standard of review for the Court of Appeals is “when a rational basis for the conclusion adopted by the Commissioner is found, the judicial function is exhausted and is limited to determining whether the Commissioner’s finding of employment discrimination in this case is supported by substantial evidence in the record.” The court found that Mr. Granelle indeed suffers from a disability within the law. Under the statute there is an ”individualized standard“ such that the employer must demonstrate that the disability is such as would ”prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought“, failing which, the disability may not be the basis for rejecting the applicant. The court reasoned that the City failed to show evidence that Granelle isn’t able to presently perform the tasks needed. The City argued that there was a high possibility that he would be unable to perform the needed tasks in the future but there was no reliable statistics. Ultimately the court held, “employment may not be denied based on speculation and mere possibilities, especially when such determination is premised solely on the fact of an applicant’s inclusion in a class of persons with a particular disability rather than upon an individualized assessment of the specific individual.”

For more NYPD Disqualification information visit www.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification

February 6

NYPD disqualification- “Omission of Pertinent Facts”

If you want to be successful in being hired for a New York Civil Service job, especially Law Enforcement jobs such as NYPD you have to gather the accurate data before filling out your investigation paperwork.

Best policy is to go to any the Clerk of the Court in any county in which you were arrested or received a summons and get a Certificate of Disposition.

Get a LIFETIME driver’s abstract from the NYS Department of Motor Vehicles. Go to the DMV website for instructions on how to do this and give a couple of weeks to receive the document.

Get all school and work discipline records.

Failure to accurately record this information on your APD5 will not be excused by the hiring agency.

You will receive a disqualification notice with OMMISSION OF PERTINENT FACTS checked off.


January 17

NYPD disqualification appeal process.

Here is a link to my powerpoint video describing the NYPD disqualification, FDNY disqualification, Department of Correction and other disqualification process.

Contact me by calling 516-248-3494 or email me at kevin@sheerinlaw.com

December 4

NYPD Disqualification appeal

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.

January 25

NYPD Psych Candidates must file appeal and designate expert upon receipt of NOPD- Notice of Proposed Disqualification

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.