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The three-year statute of limitations for disqualifying an employee pursuant to Civil Service Law §50(4) does not apply in cases involving fraud

The three-year statute of limitations for disqualifying an employee pursuant to Civil Service Law §50(4) does not apply in cases involving fraud
Urciuoli v Department of Citywide Admin. Servs., 2010 NY Slip Op 05876, Decided on July 1, 2010, Appellate Division, First Department

The New York City Department of Citywide Administrative Services advised Gerard Urciuoli that it was retroactively rescinding its approval his application for employment as a New York City police officer and decertifying that he was qualified for such an appointment, thereby effectively terminating his employment. Urciuoli was also advised that he could appeal the Department of Citywide Administration?s determination to the New York City Civil Service Commission.

Instead of appealing to the Commission, Urciuoli opted to file his appeal with Supreme Court. Supreme Court dismissed his petition and the Appellate Division affirmed the lower court?s ruling, explaining that Urciuoli had failed to exhaust his administrative remedies, thus foreclosing judicial review of the matter.

As to Urciuoli claim that ?under Civil Service Law §50(4), respondents were required to rescind his application within three years of the triggering event,? the court said that it ?declined to review that claim in the interest of justice?.? However, said the Appellate Division, as ?an alternative holding,? it found that the also lacks merit.

§50(4), said the court, permits the disqualification of an employee beyond three years in the event of an applicant's fraudulent misstatement or omission of material facts. Here documentary evidence amply established that Urciuoli ?deliberately concealed his arrest in Jamaica in connection with charges that he possessed, was dealing in, and tried to export a significant quantity of marijuana.?

The Appellate Division said that this ?deliberate concealment and omissions of relevant information? were designed to fraudulently ensure that he obtained, and then retained, his employment as a police officer, and justified his termination.

§50(4), in pertinent part, provides that ?Notwithstanding the provisions of this subdivision or any other law, the state civil service department or appropriate municipal commission may investigate the qualifications and background of an eligible after he has been appointed from the list, and upon finding facts which if known prior to appointment, would have warranted his disqualification, or upon a finding of illegality, irregularity or fraud of a substantial nature in his application, examination or appointment, may revoke such eligible's certification and appointment and direct that his employment be terminated, provided, however, that no such certification shall be revoked or appointment terminated more than three years after it is made, except in the case of fraud [emphasis supplied].

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_05876.htm

Full post as published by New York Public Personnel Law on July 14, 2010 (boomark / email).