Matter of Neal v Phelps

Matter of Neal v Phelps 2014 NY Slip Op 02441 Decided on April 9, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 9, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
2012-10343

[*1]In the Matter of David Shaun Neal, petitioner,

v

Gary Phelps, etc., respondent.




David Shaun Neal, Tuxedo, N.Y., petitioner pro se.
Jacobowitz & Gubits, LLP, Walden, N.Y. (Donald G. Nichol
of counsel), for respondent.


DECISION & JUDGMENT

Proceeding pursuant to Public Officers Law § 36 to remove the respondent, Gary Phelps, from public office in the Town of Tuxedo, Orange County.

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, with costs.

The misconduct alleged, even if the allegations are accepted as true, does not rise to the level of malfeasance, misconduct, maladministration, or malversation necessary to justify the extreme remedy of removal from public office pursuant to Public Officers Law § 36 (see Matter of Haase v DelVecchio, 90 AD3d 756; Matter of Hayes v Ansel-McCabe, 83 AD3d 1180; Matter of Montanino v Rowley, 39 AD3d 653, 654).
SKELOS, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court