Opinion
August 29, 1988
Adjudged that the application is granted, without costs or disbursements, and David Michael Dally is removed from the office of Superintendent of Highways of the Town of Monroe, Orange County.
After filing his reelection petition for the office of Superintendent of Highways, the respondent Dally pleaded guilty to a violation of 18 U.S.C. § 1341, which involved a scheme to defraud the Town of Monroe. Dally ran unopposed and received in excess of 1,900 votes from the Town of Monroe residents. He was subsequently sentenced in Federal court to a term of imprisonment, probation, community service and restitution. The petitioners seek his removal pursuant to Public Officers Law § 36 which provides that any town official "may be removed from office by the [Appellate Division of the] supreme court for any misconduct, maladministration, malfeasance or malversation in office". Dally contends that the voters were fully informed of his criminal conviction when they reelected him and that his removal would thwart the free and informed will of the electorate. Similar arguments have been repeatedly rejected by this and other New York courts (see, Matter of Bailey, 67 N.Y.2d 61, 63-64; Matter of Sarisohn, 21 N.Y.2d 36; Matter of Hayes, 43 A.D.2d 872, appeal dismissed 35 N.Y.2d 755, lv denied 36 N.Y.2d 641; Matter of Corwin v Mercier, 14 A.D.2d 652).
The application is granted and David Michael Dally is hereby removed from the office of Superintendent of Highways of the Town of Monroe, Orange County. Mollen, P.J., Mangano, Eiber and Sullivan, JJ., concur.