Duffy v. Ward

OPINION OF THE COURT

Charles E. Ramos, J.

This is a petition, pursuant to CPLR article 78 challenging *852the decision of the respondents which dismissed the petitioner from his position as a police officer. The respondents cross-move for dismissal of the petition pursuant to section 30 (1) (e) of the Public Officers Law on the grounds that petitioner’s office was automatically vacated by operation of the law upon his conviction of the misdemeanor offense of criminal trespass in the second degree. Under section 30 (1) (e), a public officer is automatically removed upon conviction of any felony or…