By Nick Mattera
Niagara Gazette
NIAGARA FALLS —
The Niagara Falls School District is appealing a key court decision rendered earlier this month in the case of an employee fired for violating its residency policy.
On March 5, Erie County District Court Judge Tracey A. Bannister ruled former Niagara Falls School District general repairer Vincent Gigliotti to have a domicile within the boundaries of the school district and is entitled to his position with full back pay and benefits.
Michael F. Perley of the law firm Hurwitz & Fine, which is representing the school district, confirmed Friday he will seek an appeal in the case, which is a timely process and could take up to nine months.
“We plan to file a notice of appeal and we intend to do so promptly,” Perley said. “Upon receipt of an executed order, we will more forward with the process.”
Perley said it is in his opinion the court was in error with its ruling and he is appealing to the New York State Court of Appeals, which is the highest court in New York State. The process generally takes six to nine months and the case will be heard in Rochester.
Gigliotti and six other employees were fired in September for violating its 15-year-old residency policy. The terminations came following a lengthy Probe Services investigation that cost the district an undetermined amount of money, reported to be more than $35,000.
The court decision won by Gigliotti two weeks ago is considered to be a positive sign for other fired employees, who also have filed legal challenges.
School district officials said they are unable to comment due to it being a litigation related matter.
