In re Myers

Appellate Division of the Supreme Court of New York

In re Myers

170 A.D. 947, 155 N.Y.S. 1126

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

DecidedOctober 15, 1915

StatusPublished

This text of 170 A.D. 947 (In re Myers) 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

In re Myers, 170 A.D. 947, 155 N.Y.S. 1126 (N.Y. Ct. App. 1915).

Pincite

Opinion

The authority of the court to remove a trustee or other village official is entirely a creature of statute. Under the terms of Laws of 1896, chapter 578 (now Public Officers Law, § 36),

* the court can remove only for “misconduct, maladministration, malfeasance or malversation in office.” This limits our power to official acts. This power of removal is, therefore, [948]*948different from that exercised by the Governor in removing county officials (Public Officers Law, § 32),* as the Executive is not.under such limitation as to the ground for removal. As the amended petition sets up acts prior to election, and not misconduct in office, no case is made for the action of this court. Demurrer by respondent is, therefore, sustained, and application for his removal dismissed, with costs. Present — Jenks, P. J., Carr, Mills, Rich and Putnam, JJ.

Public Officers Law (Gen. Laws, chap. 7; Laws of 1892, chap. 681), § 25a, as added by Laws of 1896, chap. 573; now Public Officers Law (Consol. Laws, chap. 47; Laws of 1909, chap. 51), § 36.— [Rep.

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The authority of the court to remove a trustee or other village official is entirely a creature of statute. Under the terms of Laws of 1896, chapter 578 (now Public Officers Law, § 36),

* the court can remove only for “misconduct, maladministration, malfeasance or malversation in office.” This limits our power to official acts. This power of removal is, therefore, [948]*948different from that exercised by the Governor in removing county officials (Public Officers Law, § 32),* as the Executive is not.under such limitation as to the ground for removal. As the amended petition sets up acts prior to election, and not misconduct in office, no case is made for the action of this court. Demurrer by respondent is, therefore, sustained, and application for his removal dismissed, with costs. Present — Jenks, P. J., Carr, Mills, Rich and Putnam, JJ.

Public Officers Law (Gen. Laws, chap. 7; Laws of 1892, chap. 681), § 25a, as added by Laws of 1896, chap. 573; now Public Officers Law (Consol. Laws, chap. 47; Laws of 1909, chap. 51), § 36.— [Rep.

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Bluebook (online)

170 A.D. 947, 155 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-myers-nyappdiv-1915.