MATTER OF SENGSTACKEN v. McALEVEY


39 A.D.2d 965 (1972)

Inthe Matter of John E. Sengstacken, Petitioner, v. John F. McAlevey, as Supervisor of The Town of Ramapo, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 26, 1972


Determination annulled, on the law, without costs, and petitioner is reinstated to his position as Building and Zoning Inspector.

We find that the evidence adduced was insubstantial and the record does not support the finding of the respondent Town Board that petitioner was guilty of misconduct in office. He cannot be held responsible for strict enforcement of building code requirements where his accountability was hampered by (1) errors of subordinates not of his...

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