Bartlett v. Flynn

• Decision Date: 16 January 1976
• Citation: 378 N.Y.S.2d 145,50 A.D.2d 401
• Parties: 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.
• Court: New York Supreme Court — Appellate Division

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.

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 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 in bank deposits totaled $6,104.82. Deposits were made thereafter in December, 1973 and January, 1974 but as of July 22, 1974 the arrearages still totaled $3,030.00. Respondent's persistent failure to deposit monies received by him in his judicial capacity in his official account within 72 hours after their receipt constituted repeated violations of Rule 30.7(a) of the Administrative Board of the Judicial Conference (22 NYCRR 30.7), formerly Rule 7 of the Administrative Code of the Judicial Conference.

The referee's report further shows that as of March 24, 1971 respondent had failed to report or remit to the State Comptroller $477.00 in fines, fees and forfeited bail money. Reports and receipts for the year 1973 were not submitted until December, 1973 and January, 1974 and similar reports and receipts for the first six months in 1974 were not submitted until July, 1974. Such conduct on the part of respondent, viz., his failure to remit all monies received by him in his judicial capacity to the State Comptroller within 10 days following the end of the month in which received constituted a clear violation of statutory remittance procedures. (UJCA, § 2021; Town Law, § 27; Village Law, § 4--410.)

The report also shows...