In Felix v. New York City Dep't of Citywide Administrative Services, 3 NY3d 498 (2004) a pre-removal hearing pursuant to CSL 75 was not required prior to termination because the employee violated the city's mandatory residency requirement. The employee was given an opportunity to present proof of residency, but not given the opportunity of a hearing as outlined in CSL 75. The Court of Appeals held the "notice of and opportunity to contest the charge" procedure used by the City of New York met with due process. Mr. Felix was ineligible for continued municipal employment pursuant to an Administrative Code section as distinguished from an act of misconduct which would require a pre-removal hearing.