IN RE: FRANCIS LIBORDI

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Supreme Court, Appellate Division, Fourth Department.

IN RE: FRANCIS LIBORDI, PETITIONER, v. KENNETH ISAMAN, INDIVIDUALLY, AND TOWN OF HORNELLSVILLE, RESPONDENTS. FRANCIS LIBORDI, PETITIONER

OP 15–00589

Decided: November 20, 2015

PRESENT:  SMITH, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ. PATRICK F. MCALLISTER, WAYLAND, FOR RESPONDENTS.

MEMORANDUM AND ORDER

PRO SE.

Proceeding pursuant to Public Officers Law § 36 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) for the removal of respondent Kenneth Isaman from the public office of Town Supervisor of the Town of Hornellsville.

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

Petitioner alleged a further conflict of interest arising from respondent's votes at Town Board meetings in favor of appointing respondent's wife to positions with the Town Board, and approving the salaries for her positions.  Respondent admitted that he should have abstained from those votes, and we conclude, under the circumstances, that his failure to do so “does not constitute the type of conduct that would warrant removal from office” (Reszka, 109 AD3d at 1135;  see Matter of Salvador v. Ross, 61 AD3d 1163, 1164).

Frances E. Cafarell

Clerk of the Court