May 26

Can you get an attorney to help with a Notice of Proposed Disqualification (NOPD) from the NYPD?

Can you get an attorney to help with a Notice of Proposed Disqualification (NOPD) from the NYPD?
The simple answer is yes.
Recently, the NYPD started interviewing psychologically disqualified NYPD Police Officer candidates after they had received an NOPD and after having a psychologist submitting an expert report on their behalf.
If you have an attorney to prepare you for the upcoming NOPD interview your chances to be successful would increase. At times these interviews morph into interrogations and preparation can assist you in being able to handle harsh questioning.
No one can criticize you for speaking with someone prior to an oral psychological interview.
I would recommend hiring a civil service attorney from the first disqualification to prepare to get the best result in your appeal.
Call 516-248-3494 or email kevin@sheerinlaw.com to speak about your appeal and schedule a free consultation with a civil service appeals attorney.
Visit www.sheerinlaw.com for more information about NYPD disqualification appeals.
Visit civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

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.