Legal Opinion

Gigliotti v. Bianco

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 2011PublishedCited by 13 opinions

1Opinion of the Court

*1637Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination terminating his employment with respondent School District of City of Niagara Falls (District) for failure to comply with the District’s residency policy, which requires District employees to be domiciliaries of the City of Niagara Falls. Supreme Court properly granted the petition. It is well established that “domicile means living in [a] locality with intent to make it a fixed and permanent home” (Matter of Newcomb, 192 NY 238, 250 [1908]). Further, “[a]n existing domicile . . .…

2Cases cited11 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Colton v. BermanNew York Court of Appeals · 1967
  3. MATTER OF HOSLEY v. CurryNew York Court of Appeals · 1995
  4. Felix v. New York City Department of Citywide Administrative ServicesNew York Court of Appeals · 2004
  5. Larkin v. HerbertAppellate Division of the Supreme Court of the State of New York · 1992

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. BEDWORTH-HOLGADO, JODI M. v. HOLGADO, JOSEPH M.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Krajkowski v. BiancoAppellate Division of the Supreme Court of the State of New York · 2011
  3. Scherz v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2012
  4. Beck-Nichols v. BiancoAppellate Division of the Supreme Court of the State of New York · 2011
  5. BECK-NICHOLS, KARRI v. BIANCO, CYNTHIA A.Appellate Division of the Supreme Court of the State of New York · 2011

8 more not listed; retrieve them via the Exa API.

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