April 7

What are the Rights of Disqualified NYPD Candidates?

DCAS is New York City’s personnel department. DCAS has delegated the task of investigating applicants to the NYPD. You can appeal a NYPD disqualification. Applicants who are disqualified from appointment may challenge an agency’s findings on the grounds that such findings were made in bad faith or were arbitrary and capricious.

There are three potential appeals:

NOPD – Notice of Proposed Disqualification. Based on NYS Civil Service Law 50(4) a hiring agency must give a disqualified candidate an opportunity to provide explanations for a proposed disqualification in writing.

NOD – Notice of Disqualification. A disqualified candidate’s next appeal is to the Civil Service Commission.

If the disqualification is upheld by the Civil Service Commission the candidate can file an Article 78 lawsuit in the New York State Supreme Court in the County concerned.

If you received a Notice of Proposed Disqualification (NOPD) in your email inbox you can appeal. I offer a free consultation if you receive a NYPD psychological, medical or character/background disqualification. Please call 516-248-3494 or email me at kevin@sheerinlaw.com to arrange for a free consultation. Two factors are crucial in your disqualification appeal. The first is that you follow the appeal process. The second is the facts of your case.

It is vital that you consult with someone experienced in this appeals process. If you attempt to appeal the NOPD on your own, you may miss opportunities 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

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April 7

NYPD Disqualification – “Omission of Pertinent Facts”

 

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.

If you were arrested or received a summons, 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, if you have any school and/or work disciplinary records, you will need to get all of your 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”.


As a civil service appeals attorney with more than 18 years of experience, I have helped many NYPD candidates 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 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

NYPD Disqualification -Notice of Proposed Disqualification – NOPD

The first notice you will receive when you are NYPD disqualified is a Notice of Proposed Disqualification or NOPD.  You will have 30 days to respond to this NOPD.  It is recommended that you consult with an attorney to protect your rights and make the most compelling arguments to increase your chances of getting a reversal of your NYPD disqualification.

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 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 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. Feel free to call (516) 248-0040 or email: kevin@sheerinlaw.com

If you receive a second psychological interview it is best to prepare with an expert. The main issues that will come up in the second psychological interview are obvious.

The next step in the appeal process would be a Notice of Disqualification (NOD) 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 more than 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. Please feel free to call me at 516-248-0040. I would be happy to speak with you, to see if I can help you with your appeal.

Feel free to call 516-248-0040 or email me at kevin@sheerinlaw.com

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 Disqualification 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

nypd psychological disqualification appeal / nypd disqualification appeal lawyer / nypd psych appeal success rate / nypd psych disqualification reasons / nypd disqualification list / appealing nypd psychological / nypd nopd appeal success rate / nypd character disqualification

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

nypd psychological disqualification appeal / nypd disqualification appeal lawyer / nypd psych appeal success rate / nypd psych disqualification reasons / nypd disqualification list / appealing nypd psychological / nypd nopd appeal success rate / nypd character disqualification

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