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FELIX v. CITYWIDE ADMIN. SERVS.

3 N.Y.3d 498 (2004)

821 N.E.2d 935

788 N.Y.S.2d 631

In the Matter of FRANCISCO FELIX, Respondent, v. NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES et al., Appellants.

Court of Appeals of the State of New York.

Decided November 30, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Sharyn Rootenberg and Larry A. Sonnenshein of counsel), for appellants.

Kennedy, Schwartz & Cure, P.C., New York City (Stuart Lichten of counsel), for respondent.

Joel Giller, New York City, and Kim Hsueh for District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

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...

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