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Legal Opinion

Opn. No.

New York Attorney General Reports

Decided August 16, 1994Published

1Opinion of the Court

Requestor: Michael S. McGrady, Esq., Town Attorney Town of Delaware P.O. Box 220 Hankins, N Y 12741

Written by: James D. Cole, Assistant Attorney General in Charge of Opinions

You have requested our opinion regarding section 36 of the Public Officers Law which provides, upon an application by a citizen, for removal from office by the Appellate Division of certain officials, including town officials, for any misconduct, maladministration, malfeasance, or malversation in office.

The general purpose to be served by section 36 is to improve the public service. Matter of Baker v Baker, 87 Misc.2d…

2Cases cited5 opinions

  1. People v. . AhearnNew York Court of Appeals · 1909
  2. In re NewmanAppellate Division of the Supreme Court of the State of New York · 1932
  3. Abare v. HatchAppellate Division of the Supreme Court of the State of New York · 1964
  4. Baker v. BakerNew York Supreme Court · 1976
  5. Alamo v. StrohmAppellate Division of the Supreme Court of the State of New York · 1989

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