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Windeast · Senior Member

Class action lawsuit

mjehangir96 · Senior Member

I'm in ...

Doggieloverwoof · Guru

Me 2!

Windeast · Senior Member

I called the attorney, he said we must wait for the final list to be released, then we immediately call him and get the ball rolling.

Transitblows · Senior Member

My only concern is that other have tried and failed at this. Are there any previuos cases to research our cause?

SATCOM · Senior Member

Count me in. 8 ****ing months of studying for 6 hours a day to get a 52.

Bklyn net · Senior Member

there should be 3-5 changes and we had proof of that right from the guide that's what I don't get ..ID is a must 214 ! should be a double ..count me in

Windeast · Senior Member

Unlawful eviction is my biggest protest. The answer was in the guide and I proved why that question had a double answer. Black and white proof. If that's a protest dcas skips over, then you all can imagine what other good protests they ignored. One way or another, dcas are going to be held accountable for their disgusting ways

common sense · Senior Member

Like i said if the list does come out with just the elite 128 and the scammers, i will be dropping letters to the post daily news and some councilmen. There should be atleast 5 throwouts.

bigfoot45 · Guru

This guy is going to get so many phone calls he is going to drop a lawsuit on rising star lol

Transitblows · Senior Member

Curious what numbers summons and illegal evict questions were? I didnt protest them im guessing i goti t those right but not sure

Doggieloverwoof · Guru

bigfoot45 wrote:
This guy is going to get so many phone calls he is going to drop a lawsuit on rising star lol

Lmao

Bklyn net · Senior Member

10

Doggieloverwoof · Guru

Transitblows wrote:
Curious what numbers summons and illegal evict questions were? I didnt protest them im guessing i goti t those right but not sure

I think illegal eviction was 10.

Transitblows · Senior Member

Thank you

bigfoot45 · Guru

Fellas, do the lawsuit thing if you wish. I'm sure Mr. Levine will gladly take our money. Just do not start getting false hope. Hope for the best and expect the worse. I've read article 78 a bunch of times and have a pretty good understanding of it. Again, I'm no lawyer but I suggest you all read it yourself.

There are 2 distinct issues that keep coming up and they make for the possibility of two separate lawsuits.

1. The test had several flawed questions yet none were thrown out. Did Dcas violate article 78 by not allowing changes to be made? Your argument will be that they obviously did. DCAS' argument will be that they administered a protest session, had a review, and decided on 0 valid changes. We all believe there should be changes. Do they legally have to make changes... probably not. Hell, let's say a judge does actually find merit and doesn't chuck this case from the start. An independent panel would have to be hired to review all the protests we wrote out. This will take a year or years... the list will be exhausted by then. Please ask Mr Levine if I have a point with any of this.

2. Is DCAS obligated to limit the number of makeup exam test takers, prompting them to give the test on a Sunday? Did this violate article 78? I highly doubt it. Is dumb not to? Yes. Being dumb is not illegal. I won't even bring up the issue of military makeup exams. Federal law trumps any state and city law so forget that. Did DCAS violate article 78 by allowing the possibility of makeup exam takers to ask fellow UMOS about test questions to a test they already took? No, How can DCAS protect us from opening our mouths?

Again, it is 100 percent unfathomably that this test did not have changes. It sucks. Unfortunately, I doubt it violates the law. It will probably get chucked just like DC Julian's lawsuit, and the lawsuit from the 06 Lt exam (I think it was dubbed the grimy 19 suit). It any event I do wish you all the best of luck. We all deserved better.

-- Edited by bigfoot45 on Thursday 11th of February 2016 08:14:53 PM

-- Edited by bigfoot45 on Thursday 11th of February 2016 08:15:22 PM

Junius78 · Veteran Member

One of my main concerns was NOT being allowed use of a Highlighter or pen. Certain test locations were allowed the use, but i had to keep squinting to see my pencil line outs... Which definitely made the in basket more miserable

Transitblows · Senior Member

That crap was miserable even if they gave you the limitless pill

SATCOM · Senior Member

I am more concerned with future exams. I think the end goal should be to create a new system of administering PD promotional exams. Things like interviews, college credits, physical fitness, writing, math, patrol guide, objective/subjective questions, experience points, language skills etc. A multi part exam the can be done in the course of a calendar year.

Shouldn't a captain walk the walk and talk the talk? I dunno.

Transitblows · Senior Member

All those are technically already done besides interview and language skills. They promote them all through the test. Fitness they give you points for if you complete the 1 1/2 mile and jst

Transitblows · Senior Member

Experience points is just longevity points

machine · Senior Member

There are always "buts", and people that will suggest don't waste your time, don't waste your money.... But even if in the past the success rate of lawsuits was poor, this exam had so many holes that the city could in fact be forced to at least curve the damn thing or improve the conditions for future exams. Unfairness is a poor description of the test, it was just a big mess. A lawyer might be able to have one of the school's people look it over and find the many flaws we know that test has. F the city.

Yes, not to get our hopes up, but the lawsuit should be a must. We have rights too.

Doggieloverwoof · Guru

Or how about the fact that make up testers had over 7 months to take THE SAME EXACT test we did. Why not have a different test?

SATCOM · Senior Member

Transitblows wrote:
All those are technically already done besides interview and language skills. They promote them all through the test. Fitness they give you points for if you complete the 1 1/2 mile and jst

I know they are but they all amount to a point or maybe 2.. they should be worth at least 50.

cornhole · Veteran Member

The earliest you get the lawyer on board the better your chances will be. Good luck.

Any mailing sent to you regarding this exam must be answered or contested or you forfeit your legal standing.

Also, mailings and TVB dates are scheduled around SOL expiration dates for a reason. Stay on top of them.

It would be great if the NYPost or other paper ran with the story of our wonderful civil service promotions.

- God Bless the Elite 128

Bklyn net · Senior Member

my beef is that changes should of been made I pointed out right from the guide 45, 10, and 106 now I want to know why

Samiam32 · Senior Member

Chacko v New York City Department of Citywide Administrative Services

In a recent case handled by the Law Offices of Kevin P. Sheerin, Plaintiff Joseph Chacko, commenced this Article 78 appeal to challenge New York City Department of Citywide Administrative Services (DCAS) determination that he failed a civil service promotional exam. Petitioner contended that DCAS scored the essay portion of his exam in an arbitrary and capricious manner. In March of 2006, petitioner took a promotional examination that consisted of two parts: a multiple choice test and an essay. To score the essay portion, DCAS utilized a Rating Guide consisting of two sections, one that assessed the content of the essay and the other that focused on the clarity. This Rating Guide was used incorrectly to grade petitioners essay. Points were taken off for minor mistakes and in some cases nonexistent errors. Fundamental fairness dictates that deductions should not be made for correct responses. Also points taken off for the same mistake were categorized in different categories, which allowed the grader to circumvent the limit on point deductions set for each category of error. Additionally, petitioner argued that he was denied scrap paper and that the proctors ended the exam twenty minutes early thereby denying him the time to proofread his essay. Accordingly, the Court granted the petition, annulled the decision of the Civil Service Commission, and remanded the matter for the regrading of petitioners exam. Shortly thereafter Mr. Chacko was promoted to Supervisor.

Contact us At:
323 Willis Avenue, Suite 1, Mineola, New York 11501
Phone: 516.248.3494 Fax: 516.248.2808
Email: kevin@sheerinlaw.com

Transitblows · Senior Member

Bklyn net wrote:
my beef is that changes should of been made I pointed out right from the guide 45, 10, and 106 now I want to know why

I agree and 1. I want to to know why that is not a double AT least. I want to know where the answers were for b c and d that gave A the answer. i did not find it when i went through it. And thats the map question i am extremely pissed i had o guess

Transitblows · Senior Member

we need to relate that to ours. I have to agree with bigfoot on this. This woukd take a long time for a panel to review the test our protests and patrol guide to determine if we were wronged. Maybe the lawyer hires the school to help and cut time down but it would definitely take a ton of time. And forst you would have to convince the judge to order dcas to release the test to the schools or who ever to review it. Not trying to convince people not to do it just have to be ready for a long haul.

Samiam32 · Senior Member

There's also the lawyer who sued over the residency points with regards to the 2003 lts list.

Doggieloverwoof · Guru

I went to the protest, i did question 1 again and again I got B. There's no way that the vast majority of a group gets the same question wrong by picking the same choice and the question is not freakin flawed.

TrueNorth30 · Veteran Member

Folks,
Just a quick thought from all of this..I agree that highlighters were not evenly enforced with some schools allowing them and some others no allowing but my main issue is that you are told that you will have RESEARCH questions and that those RESEARCH questions are OPTIONAL..but you are not told which ones are RESEARCH questions and there for you MUST complete ALL questions. I also would like to suggest that ALL department exams are given in AUGUST ON A THURSDAY...ALL HIGH SCHOOLS are closed at that point and the department would not have a problem giving off to ANYONE taking a test on a THURSDAY! It's one thing for military people to SERVE our COUNTRY but it's another thing for RELIGOUS excusals...make the test THURSDAY and fair for all!

ondeeair2321 · Guru

There was subjectivity on this exam. Some things could have gone either way. The "lock in" mechanism usually used to direct the tester to a specific point was so diluted because someone was trying to trip u up it left holes in the question. Coupled with downright "double answers" and directing u to the wrong part of PG. there will be a suit , and don't count guys out. Guys have WON. A capt on this job went from cop to capt suing for mindblowing Bologna and won. There are too many factors for there not to be at least 1 or 2 changes---never mind the cutoff date they locked testers into and then skirted. Many people obviously don't know how to play the city game cause some guys will win this. Hands down.

ondeeair2321 · Guru

When the list is released there's gonna be some fireworks boy. And unlike the protest----these lawyers now the in and outs of the game. They haven't heard the last from a bunch of guys and I'm damn proud some guys are fighting against this hands down atrocity. This was a major screwing of unfair proportions that literally have altered careers and lives. So bc u didn't play the carnival exam of 2011 where they chucked 19% of the exam out u lose flat out this time? Nope. I have seen what these lawyers are presenting and they like what they see-----thy actually can't believe that dcas will do this. As dr Papi says---the end is near. The dragon is about to awake!!!!!

I-go-deep · Senior Member

ondeeair2321 wrote:
--these lawyers now the in and outs of the game.

No wonder you could never pass the LT's Exam.

TurdBurglar · Senior Member

Ondeeair is a snake oil salesman, enough already. Guys, the job is not on the level. I would think supervisors with a MINIMUM of 5 years on would have seen that by now. When they release the list ill lick my wounds and hunker down and study again, and hopefully ill make the next one. I suggest you all do the same. The daily news or public does not care about police sergeants who make over 100k a year complaining about not getting a raise, they just dont. No one cares about this except us "failures". Not everyone gets a trophy, welcome to the real world.

common sense · Senior Member

I disagree i think the media will have a field day with this especially if you throw the racial issue into the equation, unlike some of you im not going to bend over and take it in the a**. Again this is all rumors and speculations until i see the official list then from there i will plan my next course of action. Just remember we have rights also for a fair and just promotional exam. Yes the job is not on the level hence why they get sued and lose on numerous occasion, FLSA rings a bell. I for one only beleive what's in black and white, not some "credible information gathered" from a third party by a person i have never met.

Jman · Veteran Member

ondeeair2321 wrote:
When the list is released there's gonna be some fireworks boy. And unlike the protest----these lawyers now the in and outs of the game. They haven't heard the last from a bunch of guys and I'm damn proud some guys are fighting against this hands down atrocity. This was a major screwing of unfair proportions that literally have altered careers and lives. So bc u didn't play the carnival exam of 2011 where they chucked 19% of the exam out u lose flat out this time? Nope. I have seen what these lawyers are presenting and they like what they see-----thy actually can't believe that dcas will do this. As dr Papi says---the end is near. The dragon is about to awake!!!!!

Lmao...you're such a rubber. It's over crybaby. "The dragon is about to awake".....Hahahahah. This coming from an inside skirt in one pp that's done nothing his whole career. Shut up jabroney.

Slate · Senior Member

Guys i feel your pain and i am not discouraging anyone from filing any suits but just be smart about it.
Before giving your money away, make sure you go to Protest Review that should take place shortly after the list is released.
They will discuss the questions that were protested and the reasons why they didnt go through. Maybe just maybe we missed something while protesting and they will bring those points out. I believe dcas was taking this long to release the list because they were putting all the counter arguments together brought to them by capt and his team, in anticipation of various lawsuits, who knows.
Do what you have to do, but do it in order so you have better understanding what and why you are trying to fight

TransitSucks · Senior Member

again with the lawsuit nonsense

Transitblows · Senior Member

Slate wrote:
Guys i feel your pain and i am not discouraging anyone from filing any suits but just be smart about it.
Before giving your money away, make sure you go to Protest Review that should take place shortly after the list is released.
They will discuss the questions that were protested and the reasons why they didnt go through. Maybe just maybe we missed something while protesting and they will bring those points out. I believe dcas was taking this long to release the list because they were putting all the counter arguments together brought to them by capt and his team, in anticipation of various lawsuits, who knows.
Do what you have to do, but do it in order so you have better understanding what and why you are trying to fight

I agree if you read some case law about the article 78 law suits. You will see as long as dcas has some written explaination as to why, the courts agree with the agency. Youll need the protest review findings to have any shot and hope that there are holes in the explainations as to why they didnt throw out any questions. and to go further with slate its probably not a coincindence they took this long for there to be no throw outs. There definitely ready for whatever comes. Wont be there first rodeo.

-- Edited by Transitblows on Friday 12th of February 2016 02:01:51 AM

Bklyn net · Senior Member

they are holes 10) ..ID is a must to write a summ. 45). is incorrect statement

Cathetel · Senior Member

You are forgetting one crucial fact.

The 0 changes rumor is made up, just like everything else was!!! Just wait for the list!!!

BeliEve me, the list taking this long to Come out is a good thing for anyone on the cusp.

Bklyn net · Senior Member

sorry im venting so much but I don't get it

Transitblows · Senior Member

Vent away brother. I feel your pain.

Transitblows · Senior Member

Cathetel wrote:
You are forgetting one crucial fact.

The 0 changes rumor is made up, just like everything else was!!! Just wait for the list!!!

BeliEve me, the list taking this long to Come out is a good thing for anyone on the cusp.

I honestly dont know if your trolling or just fing around But give it up. Its over.

Boogie Knight · Senior Member

mjehangir96 wrote:
I'm in ...

i got 65 wrong. I'm in too!!!

emt54 · Veteran Member

I believe number 106 has the best shot of an article 78 lawsuit. The correct answer included material that was added after the cutoff date stated on the Notice of exam. Therefore, DCAS did not follow their own rules. I'm interested to see how DCAS will defend this answer. An incorrect statement cannot be "most correct".

Cathetel · Senior Member

Transitblows wrote:
Cathetel wrote:
You are forgetting one crucial fact.

The 0 changes rumor is made up, just like everything else was!!! Just wait for the list!!!

BeliEve me, the list taking this long to Come out is a good thing for anyone on the cusp.
I honestly dont know if your trolling or just fing around But give it up. Its over.

Im not trolling. Why are so many falling for this sh*t. All you have to use is common sense. This 218 list is totally made up. It's. Friday, where is it??? This list wont be out any time soon. It's no where near close to being finished.

-- Edited by Cathetel on Friday 12th of February 2016 01:19:15 PM

natou · Senior Member

Cathetel wrote:
Transitblows wrote:
Cathetel wrote:
You are forgetting one crucial fact.

The 0 changes rumor is made up, just like everything else was!!! Just wait for the list!!!

BeliEve me, the list taking this long to Come out is a good thing for anyone on the cusp.
I honestly dont know if your trolling or just fing around But give it up. Its over.
Im not trolling. Why are so many falling for this sh*t. All you have to use is common sense. This 218 list is totally made up. It's. Friday, where is it??? This list wont be out any time soon. It's no where near close to being finished.

-- Edited by Cathetel on Friday 12th of February 2016 01:19:15 PM

Come on guys the list will come out this month, will be 2 months without a class, reality will strike be patient any day now.