MATTER OF DePAMPHILIS v. O'NEILL

10887, 100604/18.

179 A.D.3d 589 (2020)

118 N.Y.S.3d 569

2020 NY Slip Op 00534

In the Matter of Richard DePamphilis, Appellant, v. James P. O'Neill, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided January 28, 2020.


Petitioner pleaded guilty on March 12, 2010 to offering a false instrument for filing in the second degree (Penal Law § 175.30). Because it involves willful deceit, this offense constitutes a violation of the oath of office, and, pursuant to Public Officers Law § 30, petitioner's office was vacated automatically upon his conviction (see Matter of Depamphilis v Kelly, 107 A.D.3d 611<...

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