Ziehm v. City of Buffalo 59 N.Y.2d 757

59 N.Y.2d 757

In the Matter of Linda Ziehm, Appellant, et al., Petitioner, v City of Buffalo et al., Respondents.

Decided May 11, 1983

*759APPEARANCES OF COUNSEL

Christopher J. Flynn for appellant.

John J. Naples, Corporation Counsel (Paul McCarthy of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The respondent commissioner concluded (1) that petitioner either was a resident of Buffalo on January 1,1977, or else was willfully concealing her nonresidence and (2) that under section 4 of chapter 1 of the Buffalo City Ordinances, as modified by the labor agreement, either ground would sustain petitioner’s dismissal following her change of residence to Hamburg, New York, in 1979. There was substantial evidence in the record supporting either prong of the first conclusion and the testimony of the vice-president of petitioner’s union supplied a rational basis for the second.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

Ziehm v. City of Buffalo
59 N.Y.2d 757

Case Details

Name
Ziehm v. City of Buffalo
Decision Date
May 11, 1983
Citations

59 N.Y.2d 757

Jurisdiction
New York
Court
New York Court of Appeals

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