Graham v. Coughlin

Citation135 A.D.2d 1014,522 N.Y.S.2d 738
PartiesIn the Matter of David E. GRAHAM, Jr., Respondent, v. Thomas E. COUGHLIN, III, as Commissioner of the Department of Correctional Services, Appellant.
Decision Date23 December 1987
CourtNew York Supreme Court Appellate Division

Robert Abrams, Atty. Gen. (John Q. Driscoll, of counsel), Albany, for appellant.

Peter L. Maroulis (Gerald V. Hayes, of counsel), Poughkeepsie, for respondent.

Before MAIN, J.P., and WEISS, MIKOLL, YESAWICH and HARVEY, JJ.

HARVEY, Justice.

Appeal from a judgment of the Supreme Court (Kahn, J.), entered June 16, 1987 in Albany County, which, inter alia, granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul respondent's determination that petitioner's employment with the Department of Correctional Services had been vacated pursuant to Public Officers Law § 30.

Petitioner was a State correction officer. In December 1985, he pleaded guilty to mail fraud in the United States District Court for the Northern District of New York. Mail fraud is a felony under Federal law (see, 18 U.S.C. § 1341; see also, 18 U.S.C. § 1). The conviction stemmed from petitioner's role in aiding an individual in disposing of a car for the purpose of collecting the insurance on the vehicle. The fraudulent transaction took place in this State. On January 10, 1986, petitioner was notified that since he had been convicted of a felony, his position as a correction officer had been terminated pursuant to Public Officers Law § 30(1)(e). Petitioner then commenced the instant proceeding seeking reinstatement and back pay. Supreme Court granted the petition. Respondent appeals.

Respondent contends that a conviction of the Federal felony of mail fraud should implement the automatic vacatur provision of the Public Officers Law. We agree. Public Officers Law § 30(1) provides in pertinent part as follows:

Every office shall be vacant upon the happening of one of the following events before the expiration of the term thereof:

* * *

* * *

e. His conviction of a felony * * *.

Similar language contained in Judiciary Law former § 90 was construed by the Court of Appeals as requiring the automatic disbarment of an attorney upon conviction of a Federal felony despite the fact that there was no State statute matching the Federal felony (Matter of Thies, 45 N.Y.2d 865, 410 N.Y.S.2d 573, 382 N.E.2d 1351; see, Matter of Chu, 42 N.Y.2d 490, 398 N.Y.S.2d 1001, 369 N.E.2d 1). Although the Judiciary Law was subsequently amended by the Legislature to include only convictions which would constitute felonies under the laws of New York (L.1979, ch. 674), the Legislature has not similarly amended the Public Officers Law. Consequently, there is no reason to read such a limitation into Public Officers Law § 30(1)(e).

Important policy considerations also support this interpretation of the statute. The public's interest in having officers of integrity serving them distinguishes this case from the numero cases cited by petitioner which deal with the effect a conviction from another jurisdiction has on a criminal proceeding in this State. The Court of Appeals, in a case inv...

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6 cases
  • Duffy v. Ward
    • United States
    • New York Court of Appeals Court of Appeals
    • March 30, 1993
    ...involving a violation of his oath of office". By its terms, section 30(1)(e) applies to any felony conviction (Matter of Graham v. Coughlin, 135 A.D.2d 1014, 522 N.Y.S.2d 738, affd 72 N.Y.2d 1014, 534 N.Y.S.2d 919, 531 N.E.2d 640) but the second clause of the statute, which must be interpre......
  • Sharkey v. Police Dept., Town of Southampton
    • United States
    • New York Supreme Court — Appellate Division
    • January 13, 1992
    ...439 U.S. 837, 99 S.Ct. 121, 58 L.Ed.2d 133; Lemieux v. City of Niagara Falls, 138 A.D.2d 945, 526 N.Y.S.2d 281; Graham v. Coughlin, 135 A.D.2d 1014, 522 N.Y.S.2d 738, affd. 72 N.Y.2d 1014, 534 N.Y.S.2d 919, 531 N.E.2d 640; Pesale v. Beekman, 81 A.D.2d 590, 437 N.Y.S.2d 448, affd. 54 N.Y.2d ......
  • Graham v. Coughlin
    • United States
    • New York Court of Appeals Court of Appeals
    • October 20, 1988
    ...OPINION OF THE COURT Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division, 135 A.D.2d 1014, 522 N.Y.S.2d 738, noting that Public Officers Law § 30(1)(e) was not amended to conform with the 1979 amendment to Judiciary Law § 90(4)(e), this being a sta......
  • Ring v. Rodriguez
    • United States
    • New York Supreme Court
    • September 30, 1988
    ...526 N.Y.S.2d 281; Matter of Hodgson v. McGuire, 75 A.D.2d 763, 427 N.Y.S.2d 820); and corrections officers ( Matter of Graham v. Coughlin, 135 A.D.2d 1014, 522 N.Y.S.2d 738) from their positions following criminal Respondents argue that a parole officer as a participant in the State's crimi......
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