ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

Jul 2, 2025

Disqualification for appointment to the position of police officer based on the result of a psychological evaluation challenged by the candidate for the appointment

The jurisdiction's personnel agency [Respondent] found a candidate [Plaintiff] for appointment to the position of police officer was not qualified for appointment to the position based on the result of a psychological evaluation. In the course of the application review process, Plaintiff disclosed that he had, once, patronized a prostitute. The Plaintiff also disclosed that event during an interview with an investigator.

Petitioner then underwent a psychological evaluation. The evaluator concluded that there was no evidence of any psychological impairment, but that Plaintiff was not recommended for employment as a police officer with the jurisdiction. 

Respondent ultimately found that the Plaintiff was not qualified for appointment to the position of police officer and Plaintiff administratively appealed that decision. In the course of the administrative appeal, Plaintiff submitted the results of two independent psychological evaluations and numerous letters of support. He also appeared for psychological evaluation appeal interview before a panel provided by the Respondent. 

After reviewing the materials from the initial evaluation, the panel indicated it doubted whether there was sufficient evidence to support Plaintiff's disqualification but said it found no significant basis to overturn the original disqualification. The panel's report emphasized Plaintiff's failure to admit to the prostitution incident until asked a direct question during the appeal interview.

Plaintiff commenced the instant Supreme Court CPLR Article 78 proceeding seeking review the Respondent's determination. Respondent moved to dismiss Plaintiff's petition. The Supreme Court denied the Respondent's motion and transferred the proceeding to Appellate Division, finding that Plaintiff's petition raised a substantial evidence issue.

The Appellate Division, noting that Supreme Court erred in transferring the proceeding to it as the challenged determination was not made after a quasi-judicial hearing and did not raise a substantial evidence issue, said that as it had the full record before it would decide the matter on the merits in the interest of judicial economy. 

The Appellate Division granted Plaintiff's petition, with costs, annulled the Respondent's decision, reinstated Petitioner as a candidate for appointment to the position of police officer with the jurisdiction, and noted that Respondent could have the Plaintiff submit to a new psychological evaluation.


NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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