As a New York Police Department (NYPD) and Nassau County disqualification appeals lawyer, attorney Robert B. Kronenberg, and his office Disqualification Appeals, are experts on the NYPD disqualification appeals process. As a result, our offices wish to provide potential law enforcement candidates with a brief summary of the process of appealing a psychological, medical, or character disqualification.
What Causes a Candidate to Be Disqualified From the NYPD?
The Process of Appealing
A Notice of Proposed Disqualification
If you have been disqualified from a law enforcement position in New York City, you will most likely receive a notice of proposed disqualification letter through email or in the mail. It is vital to carefully read this letter. New York state civil service law mandates that you are allowed an opportunity to explain and appeal your disqualification. Normally, a candidate will be given 30 days to file their appeal after receiving notice; however, in some cases, candidates are only given 15 days.
Appealing a Proposed Medical or Psychological Disqualification
If you have received a medical or psychological disqualification notice, the first step is to find a legal expert in the disqualification process and file an appeal. Your attorney will receive the documents from the NYPD regarding their reasoning for disqualification, and your attorney will submit a rebuttal for your appeal.
Appealing a Proposed Character Disqualification
Appealing a character disqualification requires an additional step. In addition to hiring a disqualification appeals attorney, you, or your attorney, will need to gather information regarding the incidents in your past that may have caused a disqualification.
A Notice of Disqualification
A notice of disqualification, similar to a notice of proposed disqualification, will be received either through email or mail. It will normally give you 30 days to appeal this disqualification; however, just as a proposed disqualification, you may be given less time, so be sure to carefully read the letter.
Appealing a Notice of Disqualification
To appeal, you, or your attorney, will need to file an appeal package with the New York City Civil Service Commission and request a hearing.
Further Steps to Take
If you file an appeal package, attend your hearing, and find that the New York City Civil Service Commission has rejected your appeal and confirmed your disqualification, you still have legal recourse.
Within four months of this decision, you can file a Civil Practice Law and Rules Article 78 lawsuit. This would be filed in the New York State Supreme Court and would allow you to present your case that the disqualification was irrational, arbitrary, or capricious.
Hiring an NYPD Disqualification Appeals Lawyer
The steps needed to appeal your disqualification involve specialized knowledge of legal processes and proceedings. Your chances of succeeding in your appeal will vary case by case; however, the help of an experienced, qualified attorney will greatly improve these chances.
Our offices specialize in disqualification appeals in the state of New York. To appeal a Nassau County or NYPD disqualification, view our available services or contact us today to begin your appeal process.