Campisi v. Scelba

Motion by the respondent *443to dismiss a proceeding to remove him from his elected position as Town Supervisor of the Town of Milan, upon the ground that the court lacks jurisdiction over his person.

Ordered that the motion is granted; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

Public Officers Law § 36 requires that an application for removal "shall be made upon notice to such officer of not less than eight days, and a copy of the charges upon which the application will be made must be served with such notice” (emphasis supplied). In the instant…