Deats v. Carpenter
| Decision Date | 09 March 1978 |
| Citation | 403 N.Y.S.2d 128,61 A.D.2d 320 |
| Parties | In the Matter of James J. DEATS, Petitioner, v. George H. CARPENTER et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Donald A. Levinger, Elmira, for petitioner.
Burns & O'Mara, Elmira (John F. O'Mara, Elmira, of counsel), for George H. Carpenter, respondent.
Sayles, Evans, Brayton, Palmer & Tifft, Elmira (James F. Young, Elmira, of counsel), for Smauel E. Criss and others, respondents.
Thomas J. Spargo, Albany, for Jacqueline P. Baker, respondent.
Before SWEENEY, J. P., and KANE, STALEY, LARKIN and HERLIHY, JJ.
On December 14, 1976, a petition was filed with the Town Board of the Town of Southport, Chemung County, pursuant to the provisions of section 81 of the Town Law seeking a special town election to increase the number of councilmen from four to six, and to establish the ward system for election in the town (Town Law, § 81, subd. 2, pars. (a), (b)). On December 28, 1976, the Town adopted a resolution scheduling the special election for January 18, 1977.
One copy of the notice of election was timely posted by respondent, Jacqueline P. Baker, on the sign board of the Town. A copy of the notice of election was submitted by respondent, Baker, to the Elmira Star-Gazette, a newspaper of general circulation in the Town of Southport, with instructions to publish the notice on or before January 7, 1977.
Respondent, George H. Carpenter, on January 6, 1977, instructed the Chemung County Board of Elections to stop preparations for the election, and respondent, Baker, to cancel publication of the legal notice. Respondent, Baker, did telephone the newspaper and, as a result, the legal notice was not published. Respondent, Carpenter, publicly stated on January 6, 1977 that he cancelled "the thing because I just think it is ridiculous to spend the taxpayers' money to hold a special election."
An article 78 proceeding was commenced to mandamus a special election and, on June 9, 1977, Special Term directed that the special election be held and, on August 16, 1977, such special election was held in the Town of Southport, and the proposals to increase the number of councilmen and for the creation of a ward system was defeated by a margin of over two to one. At the general election held on November 8, 1977, respondents, Carpenter and Baker, were reelected to their respective offices by margins of better than two to one for another four-year term of office.
Section 36 of the Public Officers Law provides that any town officer may be removed for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal shall be made to the Appellate Division of the Judicial Department in which such town is located.
Respondent, Carpenter, contends that the petition alleges only one isolated act by him which was contrary to the Town Law, and that there are no allegations of criminal...
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City of Mount Vernon v. State of N.Y. Bd. of Equalization and Assessment
...dismissal on a finding of misconduct, maladministration, malfeasance or malversation in office (see, e.g., Matter of Deats v. Carpenter, 61 A.D.2d 320, 403 N.Y.S.2d 128). SBEA also noted that removal would be justified where an assessor lacked the skill, judgment and capability necessary to......
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DeFalco v. Doetsch
...the relief requested in the petition (see, e.g., Matter of Swope v. Kean, 71 A.D.2d 972, 419 N.Y.S.2d 792; cf., Matter of Deats v. Carpenter, 61 A.D.2d 320, 322, 403 N.Y.S.2d 128). At the outset, it bears noting that the testimony discloses several instances where directly contradictory ass......
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West v. Grant
...removal from office (see, Matter of Feldberg v. Friedland, 221 A.D.2d 766, 767, 633 N.Y.S.2d 847; see also, Matter of Deats v. Carpenter, supra, at 322, 403 N.Y.S.2d 128). Accordingly, we confirm the Referee's finding of fact on the conflict of interest issue and conclude that respondent's ......
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Salvador v. Naylor
...Law § 36 is to " 'enable a town or village to rid itself of an unfaithful or dishonest public official' " (Matter of Deats v. Carpenter, 61 A.D.2d 320, 322, 403 N.Y.S.2d 128, quoting Matter of Newman v. Strobel, 236 App.Div. 371, 373, 259 N.Y.S. 402). Thus, to state a cause of action under ......
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Fire District Officers
...of duties, administrative oversights, or violations of law, courts have declined to remove the public oficial. Deats v. Carpenter , 61 A.D.2d 320. In the absence of allegations of self-dealing, corrupt activities, conlict of interest, moral turpitude, intentional wrongdoing, or violation of......
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Fire District Officers
...of duties, administrative oversights, or violations of law, courts have declined to remove the public official. Deats v. Carpenter , 61 A.D.2d 320. In the absence of allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing, or violation ......
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Fire District Officers
...of duties, administrative oversights, or violations of law, courts have declined to remove the public official. Deats v. Carpenter , 61 A.D.2d 320. In the absence of allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing, FIRE DISTRICT......
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Fire District Officers
...of duties, administrative oversights, or violations of law, courts have declined to remove the public official. Deats v. Carpenter , 61 A.D.2d 320. In the absence of allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing, or violation ......