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COP CHEATING SUIT HEADS TO MANHATTAN SUPREME

EXCLUSIVE: Eight NYPD sergeants to file second lawsuit challenging 2015 lieutenants' exam

NYPD car

NYPD car

(Gary Hershorn/Reuters/REUTERS)

Eight NYPD sergeants who alleged widespread cheating on the 2015 lieutenants' exam will file a new lawsuit Monday challenging questions on the test, potentially throwing coveted promotions into limbo yet again.

Documents to be filed in Manhattan Supreme Court say that the city misled test-takers about what topics would be on the exam.

Six questions on the high-stakes test pertained to the NYPD's Operations Orders, Crime Complaint Reporting System Reference Guide and interim orders after Jan. 18, 2015 — three subjects that were not listed on an official notice of examination, the suit charges.

The failure to properly notify test-takers warrants restoring a freeze on promotions until a judge determines whether vacating all of the test results is needed, papers argue.

Judge allows NYPD lieutenant promotions amid cheating scandal

The suit also repeats allegations of widespread cheating on makeup exams administered months after the initial test was given.

“Is the city going to enforce its own civil service regulations or are they going to reward dishonesty?” said attorney Debra Cohen, who is representing the plaintiffs.

One of her clients, Sgt. Jonathan Blatt, alleges that the test lacked adequate supervision and that he overheard test-takers "whispering" in a bathroom, apparently about the ongoing exam.

Earlier this month, a judge dismissed cheating claims brought by the sergeants in Manhattan Federal Court, ruling their suit had no merit because they hadn't passed the test in the first place.

City to promote sergeants who passed NYPD exam marred by cheating

The NYPD then said it would proceed with promotions of around 40 sergeants as it and the Department of Investigation conduct separate inquires related to the 2015 test. The federal suit has been withdrawn.

The new suit more directly challenges the way the test was administered. Many of the plaintiffs say they got some of the allegedly improper questions wrong and would have otherwise scored a passing grade of 70.

“In the event the Court strikes certain subjects from the exam, the entire exam will have to be re-graded,” the papers read.

Cohen and attorney Randolph McLaughlin, of Newman Ferrara, could argue for the freeze as soon as Monday. It was unclear when a judge would rule on the request.

Message board shows cops cheating on NYPD lieutenants' exam

“A federal court said there was no basis to stop these promotions and we believe that to be the case now, with this proceeding in state court,” a Law Department spokesman said.

sbrown@nydailynews.com

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Story found on page 2 of the print edition of today's paper.

SEE ONLINE VERSION HERE

That's my colleague, Debra Cohen, at the bottom of page 2 ....

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