Matter of Felix v. New York City Dept. of Citywide Admin. Servs

In Matter of Felix v. New York City Dept. of Citywide Admin. Servs. (3 NY3d 498 [2004]) the Court held that the petitioner was not entitled to a pre-discharge disciplinary hearing, pursuant to Civil Service Law 75, because he had forfeited his position by failing to prove that he fulfilled the residency requirement set forth in New York City Administrative Code 12-120. The Court noted that "failure to maintain residence renders an individual ineligible for continued municipal employment ..., while an act of misconduct invokes Civil Service Law 75 disciplinary procedures ... ." Matter of Felix, 3 NY3d at 505.