Legal Opinion

Callari v. Bailes

Appellate Division of the Supreme Court of the State of New York

Decided February 24, 2003PublishedCited by 1 opinion

1Opinion of the Court

Proceeding pursuant to Public Officers Law § 36 to remove the respondent from the office of Treasurer of the Selden Fire District.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, with costs.

Removal from office pursuant to Public Officers Law § 36 is not warranted where there are no “allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust” (Matter of Deats v Carpenter, 61 AD2d 320, 322 [1978]; Matter of Morin v Gallagher, 221 AD2d 765, 766 [1995]).

The misconduct alleged,…

2Cases cited2 opinions

  1. Deats v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1978
  2. Morin v. GallagherAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. Montanino v. RowleyAppellate Division of the Supreme Court of the State of New York · 2007

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