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July 22, 2023

Selected decisions distinguishing residence and domicile when determning eligibility for employment in the public service

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An employee’s satisfying the employer’s residency requirement is critical to his or her continuation in employment  Matter of Adrian v Board of Educ. of City School Dist. of City of Niagara Falls, 92 AD3d 1272. The City of Niagara Falls decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2013/2013_03230.htm; A summary of the decision in Beck-Nichols is posted on the Internet at: http://publicpersonnellaw.blogspot.com/2013/02/court-of-appeals-holds-that-residency.html

 

Determining “continuous residency” for the purpose of qualifying for public office or employment. Glickman v Laffin, 2016 NY Slip Op 05842, Court of Appeals The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_05842.htm

 

Distinguishing between an individual's "domicile" and his or her "residence" . The decision is posted on the Internet at http://www.courts.state.ny.us/reporter/3dseries/2013/2013_01015.htm

 

Distinguishing between residence and domicile Rosseychuk (City of New York--Commissioner of Labor), 2016 NY Slip Op 01885. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2016/2016_01885.htm

 

Elected official removed from public office for failing to be a domiciliary of the jurisdiction as required by law Board of Trustees of the Vil. of Sodus, N.Y. v Allen, 2011 NY Slip Op 31035(U), The Allen decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/pdfs/2011/2011_31035.pdf. See, also, the Johnson decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_05447.htm 

 

Employee deemed to have voluntarily resigned from her position found eligible for unemployment insurance benefits under the circumstances. Matter of Bowman (City of Niagara Falls--Commissioner of Labor), 2015 NY Slip Op 00425, The decision is posted on the Internet at www.nycourts.gov/reporter/3dseries/2015/2015_00425.htm
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Employee found to have violated employer's domiciliary policy terminated . Adrian v Board of Educ. of City School Dist. of City of Niagara Falls, 2012 NY Slip Op 01293, Appellate Division. The Adrian decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_01293.htm

 

Employee terminated after failing to establish and maintain a domicile in the jurisdiction as required the Town’s Code Peck v Town Bd. of Town of Amherst, 2012 NY Slip Op 02220, Appellate Division. The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_02220.htm

 

Employee terminated for failure to comply with the employer’s “residence” requirement 2013 NY Slip Op 04148, The decision in this action is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2013/2013_04148.htm [See also Alexis v City of Niagara Fallsposted on the Internet at:  http://publicpersonnellaw.blogspot.com/2013/05/an-employees-satisfying-employers.html].

 

Illinois Supreme Court rules that Rahm Emanuel a "resident" for the purpose of running for mayor of Chicago Walter P. Maksym Et Al. , Appellees, v The Board of Election Commissioners of the City of Chicago, Supreme Court of the State of Illinois, Docket No. 111773. The decision is posted on the Internet at:
http://www.scribd.com/doc/47691816/Illinois-Supreme-Court-Decides-Rahm-Emanuel-Can-Run-in-Chicago-Mayoral-Election?DCMP=NWL-cons_breakingdocs

 

The party alleging that an individual has changed his domicile has the burden of proving such a change of the individual’s “permanent place of abode” . Matter of Gigliotti v Bianco, 2011 NY Slip Op 02206. The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2011/2011_02206.htm

 

 

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