Quinn v. Simmons

Proceeding pursuant to CPLR article 78 to review an undated determination of the Nassau County Civil Service Commission which, after a hearing, found that the petitioner was not a resident of Nassau County as required by Nassau County Administrative Code § 13-1.0, and which directed that his employment by Nassau County be terminated.

Ordered that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

In Tanner v County of Nassau ( 88 AD2d 661 ), this court held that an employee of Nassau County could not properly be dismissed on the basis of nonresidency (see, Nassau County Administrative Code § 13-1.0) without first having been given an opportunity to be heard. Although the court referred to Civil Service Law § 75 in the Tanner decision, it did not hold that such a residency hearing must be held before "the officer or body having the power to remove the [employee]” (Civil Service Law § 75 [2]). On the contrary, such a hearing may be held before the Nassau County Civil Service Commission, which is empowered to enforce residency requirements (see, Nassau County Charter § 1309; Civil Service Law § 17 [1]). Accordingly, there was no need for Nassau County, as the petitioner’s employer, to designate the Nassau County Civil Service Commission as a body authorized to conduct such a

We have examined the petitioner’s remaining contentions and find them to be without merit. Bracken, J. P., Sullivan, Balletta and Rosenblatt, JJ., concur.