Bartlett v. Flynn

CourtNew York Supreme Court Appellate Division
Writing for the CourtPER CURIAM
Citation378 N.Y.S.2d 145,50 A.D.2d 401
PartiesCody B. BARTLETT, Director of Administration, Office of Court Administration, Fourth Judicial Department, Petitioner, v. Frank P. FLYNN, Town Justice, Seneca Falls, and acting Village Justice, Village and Town of Seneca Falls, County of Seneca, State of New York, Respondent.
Decision Date16 January 1976

Page 145

378 N.Y.S.2d 145
50 A.D.2d 401
Cody B. BARTLETT, Director of Administration, Office of
Court Administration, Fourth Judicial Department, Petitioner,
v.
Frank P. FLYNN, Town Justice, Seneca Falls, and acting
Village Justice, Village and Town of Seneca Falls,
County of Seneca, State of New York, Respondent.
Supreme Court, Appellate Division, Fourth Department.
Jan. 16, 1976.

Page 146

Cody B. Bartlett, Rochester, for petitioner.

Arthur I. Seld, Seneca Falls, for respondent.

Frank P. Flynn, pro se.

Before MARSH, P.J., and MOULE, CARDAMONE, SIMONS and MAHONEY, JJ.

PER CURIAM:

This is a proceeding pursuant to section 429 of the Judiciary Law to remove respondent as Town Justice of the Town of Seneca Falls and as Village Justice of the Village of Seneca Falls and to prohibit him from holding either elected or appointed public office.

A hearing was held before a referee who found that in 1970 and during periods of 1973 and 1974 respondent failed to deposit court monies in official bank accounts within 72 hours after receipt; that in 1968--1970 and during periods of 1971, 1973 and 1974 he failed to report and remit court monies to the State Comptroller within 10 days following the end of the month in which they were received; that he comingled town and village funds in his official accounts and he failed to report the disposition of cases to the Department of Audit and Control in the months in which the dispositions actually occurred. The referee found that respondent had not, however, misused or converted any of the court's funds.

Petitioner has moved for a confirmation of the referee's report and for an order dismissing respondent from his judicial duties and prohibiting him from holding further public office. Respondent does not contest the referee's findings. Instead his contentions are confined to the issue of the appropriate penalty to be imposed.

Respondent has been Town Justice of the Town of Seneca Falls since January 1, 1962 and was elected to the office of Village Justice on March 18, 1975. Prior to his election as Village Justice, however,

Page 147

he served for nearly seven years as Acting Village Justice. He also served three terms as Mayor.

The referee's report shows that as of March 24, 1971 respondent had failed to deposit receipts totaling $977.82 in the court's bank account. Respondent subsequently deposited this amount to this official account on April 21, 1971. However, as of December 19, 1973 his arrearages...

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6 practice notes
  • In re Rose, No. 87.
    • United States
    • Supreme Court of Texas
    • 10 Junio 2004
    ...even when not done for personal profit." Kosina, http://www.scjc.state.ny.us/Determinations/K/kosina.htm (citing Bartlett v. Flynn, 50 A.D.2d 401, 378 N.Y.S.2d 145 (N.Y.App.Div.), appeal dismissed, 39 N.Y.2d 942, 386 N.Y.S.2d 1029, 352 N.E.2d 897 (N.Y.1976)). The extent of Judge Rose's misc......
  • Fuchsberg, Matter of
    • United States
    • New York Court on the Judiciary
    • 16 Marzo 1978
    ...(Sarisohn v. Appellate Div., Second Dept., Supreme Ct. Page 641 of State of N. Y., (D.C.) 265 F.Supp. 455, 458; Bartlett v. Flynn, 50 A.D.2d 401, 404, 378 N.Y.S.2d 145, 148, app. dsmd. 39 N.Y.2d 942, 386 N.Y.S.2d 1029, 352 N.E.2d We consider first respondent's ownership, purchase and sale o......
  • Signorelli v. Evans, No. 1513
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 23 Diciembre 1980
    ...result in discipline if violated. See People v. La Carruba, 46 N.Y.2d 658, 416 N.Y.S.2d 203, 389 N.E.2d 799 (1979); Bartlett v. Flynn, 50 A.D.2d 401, 378 N.Y.S.2d 145 (4th Dept.), appeal dismissed, 39 N.Y.2d 942, 386 N.Y.S.2d 1029 (1976). As adopted in New York, Canon 7 A(3) of the Code ("t......
  • Rogers v. State Commission on Judicial Conduct
    • United States
    • New York Court of Appeals
    • 13 Noviembre 1980
    ...moneys received by him in his official account within the time required by the Rules of the Administrative Board (cf. Bartlett v. Flynn, 50 A.D.2d 401, 403, 378 N.Y.S.2d 145 app. dsmd. 39 N.Y.2d 942, 386 N.Y.S.2d 1029, 352 N.E.2d 897), we conclude that a different sanction than removal, nam......
  • Request a trial to view additional results
6 cases
  • In re Rose, No. 87.
    • United States
    • Supreme Court of Texas
    • 10 Junio 2004
    ...even when not done for personal profit." Kosina, http://www.scjc.state.ny.us/Determinations/K/kosina.htm (citing Bartlett v. Flynn, 50 A.D.2d 401, 378 N.Y.S.2d 145 (N.Y.App.Div.), appeal dismissed, 39 N.Y.2d 942, 386 N.Y.S.2d 1029, 352 N.E.2d 897 (N.Y.1976)). The extent of Judge Rose's misc......
  • Fuchsberg, Matter of
    • United States
    • New York Court on the Judiciary
    • 16 Marzo 1978
    ...(Sarisohn v. Appellate Div., Second Dept., Supreme Ct. Page 641 of State of N. Y., (D.C.) 265 F.Supp. 455, 458; Bartlett v. Flynn, 50 A.D.2d 401, 404, 378 N.Y.S.2d 145, 148, app. dsmd. 39 N.Y.2d 942, 386 N.Y.S.2d 1029, 352 N.E.2d We consider first respondent's ownership, purchase and sale o......
  • Signorelli v. Evans, No. 1513
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 23 Diciembre 1980
    ...result in discipline if violated. See People v. La Carruba, 46 N.Y.2d 658, 416 N.Y.S.2d 203, 389 N.E.2d 799 (1979); Bartlett v. Flynn, 50 A.D.2d 401, 378 N.Y.S.2d 145 (4th Dept.), appeal dismissed, 39 N.Y.2d 942, 386 N.Y.S.2d 1029 (1976). As adopted in New York, Canon 7 A(3) of the Code ("t......
  • Rogers v. State Commission on Judicial Conduct
    • United States
    • New York Court of Appeals
    • 13 Noviembre 1980
    ...moneys received by him in his official account within the time required by the Rules of the Administrative Board (cf. Bartlett v. Flynn, 50 A.D.2d 401, 403, 378 N.Y.S.2d 145 app. dsmd. 39 N.Y.2d 942, 386 N.Y.S.2d 1029, 352 N.E.2d 897), we conclude that a different sanction than removal, nam......
  • Request a trial to view additional results

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