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Matter of Jones v. Filkins

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 954 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Denman, P.J., Pine, Callahan, Balio and Fallon, JJ.


Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this original proceeding seeking the removal of respondent from the office of Highway Superintendent of the Town of Mentz pursuant to Public Officers Law § 36. The petition alleges that, on January 13, 1996, respondent used equipment belonging to the Town of Mentz to remove snow in the Village of Port Byron.

Upon our review of the record, we conclude that the misconduct alleged, even if accepted as true, does not rise to the level necessary to justify his removal from office under Public Officers Law § 36. Removal of an official from office pursuant to that section generally will not be granted absent "`allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust'" ( Feldberg v. Freidland, 221 A.D.2d 766, 767, quoting Matter of Deats v. Carpenter, 61 A.D.2d 320, 322). Allegations of "`minor neglect of duties, administrative oversights, or violations of law' * * * do not, in general, warrant removal" ( Matter of Morin v. Gallagher, 221 A.D.2d 765, 766). We conclude that the petition must be dismissed. (Original Proceeding Pursuant to Public Officers Law § 36.)


Summaries of

Matter of Jones v. Filkins

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 954 (N.Y. App. Div. 1997)
Case details for

Matter of Jones v. Filkins

Case Details

Full title:In the Matter of WILLIAM L. JONES, Petitioner, v. MELVIN S. FILKINS, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 954 (N.Y. App. Div. 1997)
661 N.Y.S.2d 167

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