Home is where the petitioner is.

The First Department upheld the Human Resources Administration's firing of petitioner for failing to maintain a City residency, as required by Administrative Code § 12-120, in Prendergast v. City of New York, which was decided on October 11, 2007.

The court began by citing the proper review standard, namely, that the agency's determination was not arbitrary or capricious, nor was it irrational or an abuse of discretion. Petitioner's documentary evidence did not show that he resided in Queens, but merely that, after learning of the investigation into his residency, he received much of his mail at a post office box in the borough. The court found his explanation for receiving mail at the post office box address demonstrably false. Petitioner's wife, to whom he remained married despite asserting that they had been separated for some 10 years, owned a home with petitioner, having purchased it together at the time they allegedly had separated.

Petitioner was seen spending most nights at the non-City home, but was never seen residing at the Queens address. Petitioner also refused to allow the investigators to come to his Queens home to prove that he had access to that residence, which, in fact, was occupied by someone else.