NEW YORK CIVIL SERVICE LAW § 76 APPEALS

In New York, Civil Servants who have been disciplined under Civil Service Law § 75 have the right to appeal the determination before the Civil Service Commission or by filing a N.Y. C.P.L.R. Article 78 Petition.

CIVIL SERVICE COMMISSION

The New York City Civil Service Commission is an independent agency authorized to hear and decide appeals under New York State Civil Service Law. Appeals of this nature are based on the record that was generated in the § 75 hearing, including transcripts and exhibits. There are very specific and time sensitive procedures that must be followed to successfully challenge the underlying finding of misconduct/incompetence and related penalty.

It is important to retain competent counsel to represent you in your Civil Service Law § 76 appeal because the Civil Service Commission has the power to overturn findings of misconduct/incompetence, reduce any penalties imposed, and even reinstate an employee who has been terminated.

CPLR ARTICLE 78 APPEAL

You may also challenge Civil Service Law § 75 determinations in a C.P.L.R. Article 78 Proceeding in State Court. While this proceeding is not a new trial, it provides civil servants with the opportunity to seek judicial review of the finding of misconduct/incompetence and any related penalties imposed. The court is empowered to modify or overturn the findings of misconduct/incompetence and also any related penalties imposed. C.P.L.R. Article 78 Proceedings are extremely complex and time sensitive and even minor mistakes can be a basis for denying the appeal.

CONTACT A NEW YORK CIVIL SERVICE APPEAL ATTORNEY TO DISCUSS YOUR CASE

The Law Offices of Fausto E. Zapata, Jr., P.C., has represented countless employees in appealing adverse disciplinary determinations and/or penalties. If you plan to appeal an adverse Civil Service Law § 75 determination and/or penalty, contact us  today to schedule a consultation. Typically, you only have a limited amount of time to file an appeal, so time is of the essence.

PROTECT YOUR RIGHTS

Call today to speak to an experienced attorney who can and will protect your rights—your pension and your future may depend on it.

CALL US AT (212) 766-9870

Se Habla Español

1 + 11 =

The-Law-Offices-of-Fausto-E-Zapata-Jr-PC

 

277 Broadway, Suite 501
New York, New York 10007

Office Numbers
Tel: 212-766-9870
Fax: 212-766-9869

© 2018 All Rights Reserved
Attorney Advertising

 

The-Law-Offices-of-Fausto-E-Zapata-Jr-PC
277 Broadway, Suite 501
New York, New York 10007

0 Comments

11 + 14 =

Office Numbers
Tel: 212-766-9870
Fax: 212-766-9869

© 2018 All Rights Reserved
Attorney Advertising