February 8

Appeal NYPD disqualification/Civil Service Disqualification

Daubman v Nassau County Civ. Serv. Commn., 195 AD2d 602 (2nd Dept 1993).
• The applicant, a police officer, applied for a position with the police department and passed the requisite examinations. The commission determined that the applicant was disqualified from eligibility based on an X-ray that revealed the presence of a back condition. The commission’s physician speculated that the condition could render the applicant more susceptible to a serious disability if he suffered a future back injury.
• The court held that the commission unlawfully discriminated against the applicant based on his mere membership in a class of persons with the same condition instead of on an individualized assessment of his particular abilities.
• The court held that the determination was arbitrary and capricious because it was premised upon speculation regarding possible future disability rather than fact or concrete medical evidence that the applicant was rendered unfit to perform his duties as a result of his condition.
• On appeal, the court granted the applicant’s petition, annulled the determination of the commission, and reinstated the applicant to the status of an eligible candidate for the position of police officer with the county.
• The court stated that there was no showing petitioner’s condition rendered him incapable of performing in reasonable manner activities involved in being police officer. Furthermore, the court held that the Commission’s determination was premised solely upon speculation regarding possible future disability, and record contains no concrete medical evidence demonstrating petitioner would likely be rendered unfit to perform police duties in future as consequence of his condition. Most importantly, the court decided that the Commission’s determination to be arbitrary and capricious because it is premised upon speculation rather than fact.

Read about this Civil Service Disqualification case here.

Visit civilservice.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification

for more information about Civil Service Disqualification Cases.

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.

September 22

Factors considered in NYPD disqualification

When 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 at your job this would be a problem in your application. If you were terminated from one or more jobs without a good explanation this also would be something you would have to explain.

Severity of violations or infractions. If you were arrested and charged with crimes that is, felonies or misdemeanors that would be something you would have to explain on appeal. If the disposition or final outcome of your case was dismissal or a lesser charge that could help you in your appeal.

The recency of your last violation or infraction is also important your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you showing the New York City Civil Service Commission that you have changed your behavior for the better.

The three categories do not stand alone- they are considered together in your appeal.

If you have any questions about NYPD character appeals please call my office at (888)_998-9984 to discuss your case.

Please visit my blog for further information. Civil Service Attorney for NYPD disqualifications.