IN RE: ELIZABETH RESZKA (2013)

MEMORANDUM AND ORDER

Proceeding pursuant to Public Officers Law § 36 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department on February 19, 2013) for the removal of respondent from the public office of Councilman for the Town of Hamburg.

It is hereby ORDERED that said petition is unanimously dismissed without costs.

“ ‘was enacted to enable a town or village to rid itself of an unfaithful or dishonest public official’ “ (Matter of Salvador v. Ross, 61 AD3d 1163, 1164), but “[r]emoval of an official from office ․ generally will not be granted [in the absence] of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust” (Matter of Jones v. Filkins, 238 A.D.2d 954, 954 [internal quotation marks omitted];  see Matter of Hedman v. Town Bd. of Town of Howard, 56 AD3d 1287, 1287–1288).

We therefore dismiss the petition, and we conclude that respondent is not entitled to costs or sanctions as requested in his answer.

Frances E. Cafarell

Clerk of the Court