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Matter of McCoach v. Maine

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 784 (N.Y. App. Div. 1998)

Opinion

February 26, 1998


Inasmuch as respondent no longer holds the office from which petitioner seeks to have him removed, this proceeding has become moot (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714; Matter of DeFalco v. Doetsch, 208 A.D.2d 1047, 1048). Furthermore, we are not convinced that the issues presented are such as to warrant review despite their mootness (see, Matter of Hearst Corp. v. Clyne, supra, at 714-715). Were we to address the merits of petitioner's allegations, however, we would be inclined to dismiss the petition for the proof does not, in our view, demonstrate that respondent engaged in the kind of "unscrupulous conduct or gross dereliction of duty" (Matter of Salvador v. Naylor, 222 A.D.2d 931, 932) that would justify the drastic remedy of removal from office (see, Matter of Morin v. Gallagher, 221 A.D.2d 765; Matter of Deats v. Carpenter, 61 A.D.2d 320, 322; compare, Matter of West v. Grant, 243 A.D.2d 815, 816-817; Matter of DeFalco v. Doetsch, supra, at 1049-1050; Matter of Swope v. Kean, 71 A.D.2d 972).

Mikoll, J. P., Crew III, Spain and Carpinello, JJ., concur.

Adjudged that the petition is dismissed, as moot, without costs.


Summaries of

Matter of McCoach v. Maine

Appellate Division of the Supreme Court of New York, Third Department
Feb 26, 1998
247 A.D.2d 784 (N.Y. App. Div. 1998)
Case details for

Matter of McCoach v. Maine

Case Details

Full title:In the Matter of DONALD S. McCOACH, Petitioner, v. DAVID C. MAINE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 26, 1998

Citations

247 A.D.2d 784 (N.Y. App. Div. 1998)
668 N.Y.S.2d 512

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