Harvey v. Rubino

Appellate Division of the Supreme Court of New York

Harvey v. Rubino

252 A.D.2d 981, 676 N.Y.S.2d 360, 1998 N.Y. App. Div. LEXIS 8496

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

DecidedJuly 8, 1998

StatusPublished

Cited by1 cases

This text of 252 A.D.2d 981 (Harvey v. Rubino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harvey v. Rubino, 252 A.D.2d 981, 676 N.Y.S.2d 360, 1998 N.Y. App. Div. LEXIS 8496 (N.Y. Ct. App. 1998).

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Opinion

—Determination unanimously annulled on the law without costs and petition granted. Memorandum: In this CPLR article 78 proceeding, petitioner challenges the determination of respondent Buffalo Municipal Civil Service Commission (Commission) terminating her employment as an Associate Account Clerk with respondent City of Buffalo (City) because she failed to maintain her permanent residence within the City (see, Buffalo City Code § 35-6 [B]). The record establishes that petitioner has been a City employee since 1976 and that she was a City resident at the time of her employment. In the absence of fraud, the Commission was not authorized to direct petitioner’s termination for nonresidence more than three years after petitioner’s employment (see, DeFranks v City of Buffalo, 248 AD2d 992). Consequently, we annul the Commission’s determination and grant the petition.

We have reviewed petitioner’s remaining contentions and conclude that they are without merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Cos-grove, J.) Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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—Determination unanimously annulled on the law without costs and petition granted. Memorandum: In this CPLR article 78 proceeding, petitioner challenges the determination of respondent Buffalo Municipal Civil Service Commission (Commission) terminating her employment as an Associate Account Clerk with respondent City of Buffalo (City) because she failed to maintain her permanent residence within the City (see, Buffalo City Code § 35-6 [B]). The record establishes that petitioner has been a City employee since 1976 and that she was a City resident at the time of her employment. In the absence of fraud, the Commission was not authorized to direct petitioner’s termination for nonresidence more than three years after petitioner’s employment (see, DeFranks v City of Buffalo, 248 AD2d 992). Consequently, we annul the Commission’s determination and grant the petition.

We have reviewed petitioner’s remaining contentions and conclude that they are without merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Cos-grove, J.) Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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Bluebook (online)

252 A.D.2d 981, 676 N.Y.S.2d 360, 1998 N.Y. App. Div. LEXIS 8496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-rubino-nyappdiv-1998.

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