New York Court of Appeals

In the Matter of Francisco Felix v. New York City Department of Citywide Administrative Services

November 30, 20043 N.Y.3d 498

Summary

The Court held that a municipal employee’s failure to establish city residency is a forfeiture of employment, not misconduct requiring a preremoval hearing, and that the statutory notice‑and‑opportunity‑to‑contest procedure satisfies due process; consequently the employee’s dismissal was upheld and the Appellate Division’s decision was reversed.