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MATTER OF JONES v. FILKINS

238 A.D.2d 954 (1997)

661 N.Y.S.2d 167

In the Matter of William L. Jones, Petitioner, v. Melvin S. Filkins, as Highway Superintendent of Town of Mentz, Respondent

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

April 25, 1997

Petition unanimously dismissed without costs.

Memorandum:

Petitioner commenced this original proceeding seeking the removal of respondent from the office of Highway Superintendent of the Town of Mentz pursuant to Public Officers Law § 36. The petition alleges that, on January 13, 1996, respondent used equipment belonging to the Town of Mentz to remove snow in the Village of Port Byron.

Upon our review of the record, we conclude that the misconduct...

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