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MATTER OF ROTH v. TOWN OF NEWBURGH

2014-03176, Index No. 116/14.

131 A.D.3d 1253 (2015)

16 N.Y.S.3d 781

2015 NY Slip Op 07033

In the Matter of ROGER S. ROTH, Petitioner, v. TOWN OF NEWBURGH et al., Respondents.

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

Decided September 30, 2015.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Public Officers Law § 30 (1) (e) is a self-executing statute which provides that a public office is deemed vacant upon a public officer's "conviction of a felony, or a crime involving a violation of his oath of office" (see Matter of Feola v Carroll, 10 N.Y.3d 569...

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