Sheerin Law

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New York Civil Service Attorney Law Blog

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Kevin Sheerin

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  It’s not going to get any worse you are currently disqualified- it can only get better. You have two chances to succeed: you could win at a reinterview at the NOPD Notice of Proposed Disqualification phase. It is always important to have all good mental health professionals and attorneys to help and guide you and prepare you for any re-interview. If you are unsuccessful you have an appeal to the New York City Civil…
  If you have been arrested you must check that you have been arrested on your APD5. Frequently, candidates give the excuse that someone told me my arrest was sealed. This will not work. If you have been arrested you must state you were arrested and when you were arrested no matter what the disposition in your court case. If you were suspended in school you would have to say you were suspended in school.…
Candidates are sometimes surprised by the thoroughness of the psychological exam including the written and oral components. Additionally, candidates can be shocked to learn how thorough the psychologist will be when investigating the following: school work; interpersonal relationships; family relationships; legal issues; financial issues; substance use or abuse; alcohol use or abuse and mental health history. The psychologist will request documents from as far back as pediatrician records which often makes candidates wonder if the…
There is some confusion among candidates about whether they must appeal and NYPD psych NOPD. (Notice of Proposed Disqualification) To clarify: you must appeal an NYPD NOPD psychological disqualification at the NOPD stage or your appeal will be dismissed. The Psychological Assessment section file may only be reviewed by a licensed health care professional. Your only opportunity to have your Psychological Services Assessment section file reviewed during this administrative process will be at this time.…
When you receive a civil service job disqualification such as NYPD psych disqualification or/and FDNY medical disqualification it’s crucial you mean with the civil service law attorney to discuss your case. An attorney who is knowledgeable in the area will be able to describe the appeal process and its three steps. The attorney will be able to get your background history and the complete story of your application process any interaction you may have had…
  New York State Civil Service Law sect 76 allows permanent civil service employees to appeal disciplinary penalties. The statute states in pertinent part: http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: The New York City Civil Service Commission website explains the Commission’s role in the process: http://www.nyc.gov/html/csc/html/appeals/s76disciplinary.shtml After receiving discipline an employee may choose to file a lawsuit or Article 78 or appeal to the local Civil Service Commission. You can only choose one. You cannot file an Article 78 after…
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Candidates may have an overflowing inbox with 25, 50 or 100 emails a day.  If you miss a Notice of Proposed Disqualification NOPD email for an NYPD psychological disqualification or a Notice of Disqualification NOD and you do not respond within 30 days your appeal may be dismissed. Candidates may claim, “I never got it!” but evidence can be submitted with the day, date and time the email was sent. The best advice is to…
                  Frequently the question arises should I take action and file an appeal or withdraw from a disqualification. The answer lies in the circumstances and facts involved in your disqualification. There may be occasions when more time between incidents that caused you to be disqualified is a good idea and you may wish to withdraw and try again later. There are very few benefits to withdrawing if…