Firm Wins Civil Service Appeal

On April 29, 2026, Famighetti & Weinick PLLC won an appeal of a civil service determination which disqualified the firm’s client from his dream job of being a police officer. The firm’s arguments were so robust and powerful, that it took the civil service just one day to issue a decision. Today’s Long Island employment law blog discusses the case.

F&W’s client applied for a position as a police officer in one of Long Island’s largest police departments. The application process required the client to complete a Personal Data Questionnaire (PDQ), which asks candidates questions about their life experiences. One question concerns the applicant’s prior and current use of alcohol.

F&W’s client truthfully responded to an alcohol question which asked whether he had ever operated a vehicle while intoxicated by alcohol. Unfortunately, the client had been arrested for a DWI several years earlier, so he disclosed the arrest and the circumstances surrounding it. Civil Service concluded that the client had “put the public risk” by such conduct, so it disqualified him from the Police Officer eligible list.

The client hired F&W to appeal the disqualification decision pursuant to Civil Service Law Section 50, Subdivision 4. Partner Peter Famighetti took the lead on the case.

On appeal, Famighetti argued primarily that the client demonstrated good moral character and the lone disqualifying issue — the DWI — constituted a youthful indiscretion. Relying on decisions from New York’s courts, Famighetti showed Civil Service that the law requires evaluating a candidate based on the “whole” of the individual, instead of isolating discrete incidents. Famighetti further cited court cases showing that a “moral lapse” from many years ago does not reflect a candidates current “morality and values.”

Famighetti also argued that New York’s public policy favors forgiving prior indiscretions. For example, Corrections Law 752 prohibits employers from refusing to hire applicants based on prior criminal convictions unless a direct relationship exists between the offense and the position. Famighetti encouraged Civil Service to view the client’s case through the lens of Section 752’s guidelines, including factors such as the person’s age at the time of the offense and evidence showing rehabilitation and good conduct.

Famighetti argued that our client demonstrated rehabilitation and good current moral character. For starters, the client is a decorated Army veteran, having served as a paratrooper and receiving numerous medals and combat medals.

The appeal further highlighted the client’s volunteer work. The client dedicates time with groups which help the families of fallen police officers and with organizations which help veterans. Famighetti also described the client’s dedication to his family and to bettering himself through education, work, and teaching others.

Along with the appeal, F&W submitted a stack of glowing recommendations from politicians and others, who all supported the client’s application.

Within just one day of filing the appeal, Civil Service reversed course. Civil Service accepted the “youthful indiscretion” argument, agreeing that the totality of the circumstances supported a finding of good current moral character. Specifically, Civil Service was persuaded by the client’s honorable discharge from the Army, and his recent employment training security guards in firearms use, and school employees with “life-saving techniques.” Civil Service further considered the letters of recommendation submitted by fellow volunteers from the client’s work with law enforcement and veterans organizations.

In sum, Civil Service determined there was “insufficient reason” to disqualify the client under the Civil Service Law. The client is now eligible to continue the hiring process for the police officer position.

If you have questions about the New York Civil Service Law or if you need help appealing a disqualification from a civil service position, the employment lawyers at Famighetti & Weinick PLLC may be able to help. You can contact us http://linycemploymentlaw.com or by phone at (631) 352-0050.