October 27

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).

In this case, 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 consisted mostly of heavy lifting such as working in the construction industry, laborer, and as a 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 gave no reliable statics regarding this. Mr. Granelle was examined by an independent orthopedist who reported that 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.”

If you have questions about your appeal and would like to schedule a free consultation at my Mineola office please do not hesitate to call me at 516 248 0040.

Email me: kevin@sheerinlaw.com

For more NYPD Disqualification information visit my website: www.sheerinlaw.com

Appealing a New York Civil Service job disqualification

Appealing a New York Civil Service job disqualification

October 14

NYPD disqualification appeal process.

New York Civil Service Attorney Law Blog | Law Offices of Kevin P. Sheerin

Below is a link to my PowerPoint video describing the NYPD disqualification, FDNY disqualification, Department of Correction disqualification and other disqualification processes.

If you have 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.

Email me: kevin@sheerinlaw.com

Visit my website: www.sheerinlaw.com

October 12

NYPD DISQUALIFICATION – ELIGIBLE LIST EXPIRATION – CALL THE DCAS HELPLINE ………. 212-669-1357

IF YOU RECEIVED A NYPD DISQUALIFICATION CALL THE DCAS HELPLINE AT 212-669-1357 TO FIND OUT WHEN YOUR  ELIGIBLE LIST EXPIRES.

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 a NYPD Disqualification letter, you will probably need one (1) year to process your appeal and, if you succeed, be appointed to the NYPD. Therefore, you should write to your investigator and request that action be taken on your file to allow yourself sufficient time to appeal if you are disqualified.

October 2

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

Disqualified NYPD Police Officer candidates who receive a letter called a Notice of Proposed Disqualification (NOPD) based on psychological issues must file an appeal within 30 days!

Failure to file an appeal and designate an expert to receive your file to prepare a rebuttal appeal report will result in having your case dismissed by the NYC Civil Service Commission if you try to file an appeal AFTER receiving a Notice of Disqualification (NOD) from the NYPD Psychological Services Section.

I have been a civil service appeals attorney for more than 17 years now and have helped many NYPD candidates win their appeal.

If you have questions about your NYPD disqualification appeal and would like to schedule a free consultation at my Mineola office please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Police Officer Shot in the Bronx, NYPD Says

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October 2

Factors Considered in NYPD Disqualification

people walking on pedestrian lane near vehicles

When appealing a 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 are 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 to your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you by 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.

As a civil service appeals attorney with more than 17 years experience, I have helped many NYPD candidates win their appeal.

If you have questions about your NYPD character appeal and would like to schedule a free consultation at my Mineola office please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

Please visit my blog at New York Civil Service Attorney.

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