Crucet v. Staiger

Appellate Division of the Supreme Court of New York

Crucet v. Staiger

164 A.D.2d 965, 560 N.Y.S.2d 65, 1990 N.Y. App. Div. LEXIS 10807

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 28, 1990

StatusPublished

This text of 164 A.D.2d 965 (Crucet v. Staiger) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crucet v. Staiger, 164 A.D.2d 965, 560 N.Y.S.2d 65, 1990 N.Y. App. Div. LEXIS 10807 (N.Y. Ct. App. 1990).

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Opinion

Kane, J.

Proceeding initiated in this court pursuant to Public Officers Law § 36 to remove respondent from the office of Town Councilman of the Town of Shandaken, Ulster County.

Petitioner has moved for an order appointing a Referee. The conclusory allegations in the petition fail to allege facts sufficient to remove respondent pursuant to the Public Officers Law (see, Public Officers Law §36). Moreover, petitioner is guilty of laches in prosecuting this proceeding which was commenced over a year and a half ago. Accordingly, the motion should be denied and the petition dismissed (see, Matter of Moller v Stewart, 41 AD2d 986).

Motion denied and petition dismissed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Kane, J.

Proceeding initiated in this court pursuant to Public Officers Law § 36 to remove respondent from the office of Town Councilman of the Town of Shandaken, Ulster County.

Petitioner has moved for an order appointing a Referee. The conclusory allegations in the petition fail to allege facts sufficient to remove respondent pursuant to the Public Officers Law (see, Public Officers Law §36). Moreover, petitioner is guilty of laches in prosecuting this proceeding which was commenced over a year and a half ago. Accordingly, the motion should be denied and the petition dismissed (see, Matter of Moller v Stewart, 41 AD2d 986).

Motion denied and petition dismissed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Bluebook (online)

164 A.D.2d 965, 560 N.Y.S.2d 65, 1990 N.Y. App. Div. LEXIS 10807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crucet-v-staiger-nyappdiv-1990.

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