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 5

NYPD Disqualification Appeal

If you received a Notice of Proposed Disqualification 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 516-248-3494 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 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.

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 to discuss your appeal.

Email me: kevin@sheerinlaw.com

Visit my website: www.sheerinlaw.com

September 17

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

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.

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

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.

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.

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