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MATTER OF DEPAMPHILIS v. KELLY

10479, 104116/11.

107 A.D.3d 611 (2013)

967 N.Y.S.2d 645

2013 NY Slip Op 4884

In the Matter of RICHARD DEPAMPHILIS, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 27, 2013.

Petitioner's conviction, upon his guilty plea, of offering a false instrument for filing in the second degree (Penal Law § 175.30) constitutes a violation of the oath of office, since the offense involves willful deceit. Accordingly, his office was vacated automatically upon conviction, pursuant to Public Officers Law § 30 (1) (e) (see Matter of Feola v Carroll, 10 N.Y.3d 569, 572-573 [2008]; Matter of Bowman v Kerik...

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