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holding that correction officers properly had their public offices automatically vacated upon conviction of misdemeanors of tax evasion and, as such, no pre-termination hearings were required
Summary of this case from Whitfield v. FraserOpinion
April 4, 2000.
Order, Supreme Court, New York County (Harold Tompkins, J.), entered January 13, 1999, which, inter alia, granted respondents' cross motion to dismiss the petition pursuant to CPLR article 78 challenging termination of petitioners' employment as New York City corrections officers, unanimously affirmed, without costs.
Mercedes Maldonaldo, for Petitioners-Appellants.
David M. Steiner, for Respondents-Respondents.
NARDELLI, J.P., WILLIAMS, ELLERIN, WALLACH, SAXE, JJ.
Since petitioners necessarily admitted in connection with their guilty pleas that, "with intent to evade any tax imposed under * * * [an] income or earnings tax statute, or any requirement thereof or any lawful requirement of the tax commission thereunder", they either "fail[ed] to make, render, sign, certify or file any return, or to supply any information within the time required by or under the provisions of such article or any such statute," or "with like intent, [did] supply any false or fraudulent information" (see, Tax Law § 1801 [a]), their public offices were vacated automatically on conviction, the misdemeanors of which they were convicted having involved "willful deceit or a calculated disregard for honest dealings" (see, Matter of Duffy v. Ward, 81 N.Y.2d 127, 135). Because petitioners were terminated upon their convictions by operation of Public Officers Law § 30, a self-executing statute (see,Matter of Foley v. Bratton, 92 N.Y.2d 781, 787-789), no pretermination hearing was required (cf., Matter of Farrell v. Safir, 259 A.D.2d 328).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.