Beck-Nichols v. Bianco

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination terminating her employment as a production control manager with respondent School District of Niagara Falls (District) based on her failure to comply with the District’s residency policy. Pursuant to that policy, District employees must be domiciliaries of the City of Niagara Falls. We conclude that the determination must be annulled and the petition granted.

We note at the outset that Supreme Court improperly transferred the proceeding to this Court. The transfer of a CPLR article…