October 27

NYPD Psychological Disqualification Appeal

There is a two step appeal process. The first appeal is to the NYPD who will review the appeal package you submit. In the case of psychological disqualifications you may get a second psych interview.

We are here to assist you if you receive a NYPD disqualification. Call (516) 248-0040 or email: kevin@sheerinlaw.com

If you receive a second psych interview it is best to prepare with an expert. The main issues that will come up in the second psych interview are obvious. The next step in the appeal process would be a Notice of Disqualification which would be appealed to the NYC Civil Service Commission. The Commission holds hearings to determine if your disqualification was improper.

When you are disqualified, that disqualification will NOT be reversed unless you choose to take action. I have been assisting disqualified NYPD, FDNY, DSNY, NYC DOC candidates for 18 years.

Each appeal is different as your history of school, work and personal relationships is different.

I offer a free ZOOM, phone or in-person consultation.
Feel free to call me. I would be happy to speak with you to see if I can help you with your appeal.

Call 516-248-0040 or email me at kevin@sheerinlaw.com

October 26

NYPD Character Disqualification

Factors considered in NYPD Character Disqualifications:

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, such as 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 in your NYPD character appeal. If it has been a decade or even five years since your last infraction that could help you, as it shows 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.

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.

Email me: kevin@sheerinlaw.com

Visit my website: www.sheerinlaw.com

October 26

NYPD Disqualification – “Omission of Pertinent Facts”

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If you want to be successful in being hired for a New York Civil Service job, especially Law Enforcement jobs such as NYPD you have to gather all accurate data before filling out your investigation paperwork.

The best policy is to go to the Clerk of the Court in any county in which you were arrested or received a summons and get a Certificate of Disposition.

You should also get a LIFETIME driver’s abstract from the NYS Department of Motor Vehicles. Go to the DMV website for instructions on how to do this and give yourself a couple of weeks to receive the document.

In addition, get all of your school and work discipline records.

Failure to accurately record any of this information on your APD5 will not be excused by the hiring agency, and you will receive a disqualification notice with OMISSION OF PERTINENT FACTS checked off.

Click on the link below to hear further details regarding “Omission of Pertinent Facts”.


If you have questions about Omission of Pertinent Facts, feel free to call me at 516 248 0040.

Email me: kevin@sheerinlaw.com

Visit my website: www.sheerinlaw.com

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