Matter of Neal v Phelps
2014 NY Slip Op 02441 [116 AD3d 778]
April 9, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


In the Matter of David Shaun Neal, Petitioner,
v
Gary Phelps, Tuxedo Town Councilman, Respondent.

—[*1] David Shaun Neal, Tuxedo, N.Y., petitioner pro se.

Jacobowitz & Gubits, LLP, Walden, N.Y. (Donald G. Nichol of counsel), for respondent.

Proceeding pursuant to Public Officers Law § 36 to remove the respondent, Gary Phelps, from public office in the Town of Tuxedo, Orange County.

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

The misconduct alleged, even if the allegations are accepted as true, does not rise to the level of malfeasance, misconduct, maladministration, or malversation necessary to justify the extreme remedy of removal from public office pursuant to Public Officers Law § 36 (see Matter of Haase v DelVecchio, 90 AD3d 756 [2011] Matter of Hayes v Ansel-McCabe, 83 AD3d 1180 [2011] Matter of Montanino v Rowley, 39 AD3d 653, 654 [2007]). Skelos, J.P., Dickerson, Chambers and Miller, JJ., concur.