Legal Opinion
Felix v. New York City Department of Citywide Administrative Services
New York Court of Appeals
Decided November 30, 2004PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The issue before this Court is whether a person employed by the municipality of New York City, with permanent, civil service status, can be deemed to have forfeited his employment after failing to establish his city residency following notice of and an opportunity to contest the claimed nonresidency. We conclude that failure to establish residency is a violation of the City’s residency requirement, which results in forfeiture of employment, and is not misconduct that would entitle the employee to a preremoval hearing.
On July 30, 1986, Edward I. Koch, then…
2Cases cited2 opinions
- Bell v. BursonSupreme Court of the United States · 1971
- Mandelkern v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by34 opinions
- Beck-Nichols v. BiancoNew York Court of Appeals · 2013
- New York State Office of Children v. LantermanNew York Court of Appeals · 2010
- Gigliotti v. BiancoAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Arbitration between Jandrew & County of CortlandAppellate Division of the Supreme Court of the State of New York · 2011
- O'Connor v. Board of Education of City School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
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