JONES v. FILKINS

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of William L. JONES, Petitioner, v. Melvin S. FILKINS, Highway Superintendent of Town of Mentz, Respondent.

Decided: April 25, 1997

Before DENMAN, P.J., and PINE, CALLAHAN, BALIO and FALLON, JJ. William L. Jones, Port Byron, for Petitioner. Melvin S. Filkins by Raymond Sant, Port Byron, for Respondent.

Petitioner commenced this original proceeding seeking the removal of respondent from the office of Highway Superintendent of the Town of Mentz pursuant to Public Officers Law § 36.   The petition alleges that, on January 13, 1996, respondent used equipment belonging to the Town of Mentz to remove snow in the Village of Port Byron.

 Upon our review of the record, we conclude that the misconduct alleged, even if accepted as true, does not rise to the level necessary to justify his removal from office under Public Officers Law § 36.   Removal of an official from office pursuant to that section generally will not be granted absent “ ‘allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust’ ” (Feldberg v. Friedland, 221 A.D.2d 766, 767, 633 N.Y.S.2d 847, quoting Matter of Deats v. Carpenter, 61 A.D.2d 320, 322, 403 N.Y.S.2d 128).   Allegations of “ ‘minor neglect of duties, administrative oversights, or violations of law’ * * * do not, in general, warrant removal” (Matter of Morin v. Gallagher, 221 A.D.2d 765, 766, 633 N.Y.S.2d 632).   We conclude that the petition must be dismissed.

Petition unanimously dismissed without costs.

MEMORANDUM: