DCAS is New York City’s personnel department. DCAS has delegated the task of investigating applicants to the NYPD. You can appeal a NYPD disqualification. Applicants who are disqualified from appointment may challenge an agency’s findings on the grounds that such findings were made in bad faith or were arbitrary and capricious.
There are three potential appeals:
NOPD – Notice of Proposed Disqualification. Based on NYS Civil Service Law 50(4) a hiring agency must give a disqualified candidate an opportunity to provide explanations for a proposed disqualification in writing.
NOD – Notice of Disqualification. A disqualified candidate’s next appeal is to the Civil Service Commission.
If the disqualification is upheld by the Civil Service Commission the candidate can file an Article 78 lawsuit in the New York State Supreme Court in the County concerned.
If you have any questions about your disqualification and would like to schedule a free consultation at my Mineola office please do not hesitate to call me at 516 248 0040.
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