In the matter of Jeffrey Tamsen v Olivia A. Licata, Director, City of Buffalo, Petitioner filed an Article 78 against Olivia A. Licata, Director, of Buffalo.  Petitioner filed an Article 78 to annul Respondents determination that he was ineligible for appointment as a firefighter in the City of Buffalo.

           It was ordered that the judgment so appealed from be unanimously affirmed without costs.  Respondent’s determination that he was ineligible was based on Rule 10 of the City’s Classified Civil Service Rules, which states that a person must maintain a residence for 90 days prior to the date of application or the date of appointment.  Respondent was living in a residence within the city for 7 years and was living there before he purchased a house in a different county in May of 2009.  His application was in March of 2008.  Therefore he satisfied the rule.

          It was found that the City’s determination to disqualify petitioner based on his purported failure to comply with Rule 10 was arbitrary and capricious.  Petitioner proved so and it was ordered that petitioner be reinstated on the list to become a firefighter.

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