Abare v. Hatch

In a proceeding under section 36 of the Public Officers Law to remove respondent from the office of Supervisor of the Town of Willsboro for misconduct, maladministration, malfeasance and malversation in office, petitioners move for summary judgment. There is no dispute as to the facts.

On October 18, 1963, respondent was indicted upon some 20 counts of crime, including violations of sections 1863, 1864, 1865 and 1868 of the Penal Law, which relate generally to the audit and payment of fraudulent claims upon a municipal corporation; obtaining the proceeds of fraudulent audits or payments;…