April 7

NYPD Disqualification Appeal

If you received a Notice of Proposed Disqualification (NOPD) in your email inbox you can appeal. If you receive a NYPD psychological disqualification, medical disqualification or character/background disqualification, I offer a free consultation. Please call 516-248-0040 or email me at kevin@sheerinlaw.com to arrange for your 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 type of appeals process. Appealing the NOPD on your own may cause you to miss out on the opportunity to make crucial arguments that could turn the appeal in your favor.

As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates win their appeal. I can help you too.

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

Email me: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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April 6

Can an Attorney Help You with a NYPD Notice of Proposed Disqualification (NOPD)?

NYPD's Firearms Training Woefully Inadequate, Former Trainers Say -  Gothamist

Can you get an attorney to help you with a Notice of Proposed Disqualification (NOPD) from the NYPD? The simple answer is YES.

The NYPD has recently started interviewing psychologically disqualified NYPD Police Officer candidates after they have received their NOPD and after they have a psychologist submit an expert report on their behalf.

Your chances of being successful increase substantially when you have an attorney prepare you for your upcoming NOPD interview. At times these interviews morph into interrogations and preparation from your attorney can assist you in handling 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. Your attorney will prepare you, and help you get the best results in your appeal.

I am a successful civil service attorney with more than18 years of experience.  I have many clients who are currently working as NYPD Police Officers because I helped them win their disqualification appeal. I can help you too.

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: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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April 6

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 is 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.”

I am a successful civil service attorney with more than 18 years of experience.  I have many clients who are currently working as NYPD Police Officers because I helped them win their disqualification appeal. I can help you too.

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

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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April 6

NYPD Disqualification – Get the Facts Before you Complete your APD5

The best advice you can receive if you want to become a NYPD officer is to get your Certificates of Disposition for any arrests or summonses you may have received, and your Lifetime Abstract from New York State Department of Motor Vehicles before your complete your Applicant Processing forms.

If you guess about any arrests you may have or moving violations or summonses you had, you will receive a Notice of Proposed Disqualification (NOPD) stating that you are disqualified for “Omission of Pertinent Facts.”

The NYPD and other hiring agencies, such as NYC Department of Correction or FDNY have access to all of this information and when you submit an incomplete or inaccurate form they will compare it to their computer printouts and disqualify you.

I am a successful civil service attorney with more than 18 years of experience.  I have many clients who are currently working as Police Officers because I helped them win their disqualification appeal. I can help you too.

If you have any questions about your disqualification or would like to schedule a free consultation  please do not hesitate to call me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

 

 

 

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October 14

Appeal of NYPD disqualification/Civil Service Disqualification

NYPD

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 a police officer. Furthermore, the court held that the Commission’s determination was premised solely upon speculation regarding possible future disability, and the record contains no concrete medical evidence demonstrating petitioner would likely be rendered unfit to perform police duties in the future as a consequence of his condition. Most importantly, the court decided that the Commission’s determination was arbitrary and capricious because it was 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.