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.

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 2

NYPD Psychological Disqualification-One chance to choose an expert

I am a NYPD disqualification appeals lawyer who has been assisting disqualified NYPD candidates who have received either a Notice of Proposed Disqualification for psychological reasons or a Final Notice of Disqualification for psychological reasons from the NYPD.

On the Notice of Proposed Disqualification letter the candidate is given an opportunity to select an expert and have the NYPD psychological file sent to that expert for review and preparation of a rebuttal report. If the disqualified candidate does not respond to the Notice of Proposed Disqualification the NYPD file will NOT be released.

It is crucial that the disqualified candidate select a psychologist familiar with the appeals process to assist them. ONCE YOU SELECT AN EXPERT TO ASSIST YOU IN YOUR APPEAL YOU WILL MOST LIKELY NOT BE ABLE TO CHANGE YOUR CHOICE LATER.

Also, selecting a psychologist that you formerly had a counseling session with is not a wise choice.

I am a civil service appeals attorney with more than 17 years experience and I 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 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.

NYPD Recruits Visit the 9/11 Memorial to Pay Tribute to Fallen Members of  the Police Department | National September 11 Memorial & Museum

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.

NYPD officers retiring in large numbers, officials say | Newsday

September 17

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