Legal Opinion

Depamphilis v. Kelly

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

Decided June 27, 2013PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered May 29, 2012, denying the petition seeking, among other things, to annul respondents’ summary termination of petitioner’s employment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner’s conviction, upon his guilty plea, of offering a false instrument for filing in the second degree (Penal Law § 175.30) constitutes a violation of the oath of office, since the offense involves willful deceit. Accordingly, his office was vacated automatically upon…

2Cases cited2 opinions

  1. National Fuel Gas Distribution Corp. v. Public Service CommissionNew York Court of Appeals · 2011
  2. Bowman v. KerikAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Matter of Munroe v. PonteAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of DePamphilis v. O'NeillAppellate Division of the Supreme Court of the State of New York · 2020

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