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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.
New York, New York 10165