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MATTER OF HARVEY v. RUBINO

252 A.D.2d 981 (1998)

676 N.Y.S.2d 360

In the Matter of Sandra Harvey, Petitioner, v. Paschal C. Rubino, as President of Buffalo Municipal Civil Service Commission, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 8, 1998

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...

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