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In re Futia

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2011
85 A.D.3d 1165 (N.Y. App. Div. 2011)

Opinion

No. 2010-10885.

June 28, 2011.

Proceeding pursuant to Public Officers Law § 36, inter alia, to remove the respondents William Weaver, Rebecca Kittredge, Michael Schiliro, and Rich Fon from public office in the Town of North Castle, Westchester County. Motion by the respondents to dismiss the petition for failure to state a cause of action and to impose sanctions upon the petitioner pursuant to 22 NYCRR 130-1.1

Stephens, Baroni, Reilly Lewis, LLP, Armonk, N.Y., and Keane Beane, P.C., White Plains, N.Y. (Richard L. O'Rourke and Edward J. Phillips of counsel), for respondents (one brief filed).

Before: Rivera, J.P., Florio, Dickerson and Eng, JJ.


Ordered that the branch of the motion which was to dismiss the petition is granted; and it is further,

Ordered that the branch of the motion which was to impose sanctions upon the petitioner pursuant to 22 NYCRR 130-1.1 is denied; and it is further,

Adjudged that the proceeding is dismissed, on the merits; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The allegations in the petition do not rise to the level of misconduct, maladministration, malfeasance, or malversation necessary to justify the extreme remedy of removal from office pursuant to Public Officers Law § 36 ( see Matter of Salvador v Naylor, 222 AD2d 931; Matter of Beats v Carpenter, 61 AD2d 320, 322; Matter of Pisciotta v Dendievel, 41 AD2d 949).

We decline the respondents' request for the imposition of sanctions against the petitioner in connection with this proceeding ( see 22 NYCRR 130-1.1).


Summaries of

In re Futia

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2011
85 A.D.3d 1165 (N.Y. App. Div. 2011)
Case details for

In re Futia

Case Details

Full title:In the Matter of ANTHONY FUTIA, Petitioner, v. WILLIAM WEAVER et al.…

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

Date published: Jun 28, 2011

Citations

85 A.D.3d 1165 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5700
925 N.Y.S.2d 897

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