Legal Opinion
Jones v. Filkins
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 1997PublishedCited by 11 opinions
1Opinion of the Court
—Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this original proceeding seeking the removal of respondent from the office of Highway Superintendent of the Town of Mentz pursuant to Public Officers Law § 36. The petition alleges that, on January 13, 1996, respondent used equipment belonging to the Town of Mentz to remove snow in the Village of Port Byron.
Upon our review of the record, we conclude that the misconduct alleged, even if accepted as true, does not rise to the level necessary to justify his removal from office under Public Officers Law § 36. Removal…
2Cases cited3 opinions
- Deats v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1978
- Morin v. GallagherAppellate Division of the Supreme Court of the State of New York · 1995
- Feldberg v. FriedlandAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by11 opinions
- Reszka v. CollinsAppellate Division of the Supreme Court of the State of New York · 2013
- Hayes v. Ansel-McCabeAppellate Division of the Supreme Court of the State of New York · 2011
- Warren v. BieleckiAppellate Division of the Supreme Court of the State of New York · 2012
- ANDERSON, LEON v. MCGUIRE, WILLIAMAppellate Division of the Supreme Court of the State of New York · 2017
- Anderson v. McGuireAppellate Division of the Supreme Court of the State of New York · 2017
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