Opinion
July 3, 1989
Ordered that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
In Tanner v County of Nassau ( 88 A.D.2d 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). 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). 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 hearing (cf., Matter of Wiggins v Board of Educ., 60 N.Y.2d 385; Matter of Blount v Forbes, 250 App. Div. 15). In this case, the Nassau County Civil Service Commission's finding of nonresidency was supported by substantial evidence (see generally, Matter of Magrella v Nassau County Civ. Serv. Commn., 124 A.D.2d 660).
We have examined the petitioner's remaining contentions and find them to be without merit. Bracken, J.P., Sullivan, Balletta and Rosenblatt, JJ., concur.