Click on the text in color to access the posting on the Internet.
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
.
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