Property Rights Foundation of America®

from PRFA's Twelfth Annual National Conference on Private Property Rights
October 18, 2008

Removal of Public Official from Office

John Salvador, Jr.
Citizen Resident and Property Owner, Lake George, New York

Thank you, Carol. Buried in the Public Officers Law of the Statutes of the State of New York is Section 36. I'll read it briefly. Section 36 pertains to the removal of a town, village, improvement district or fire district officer by the court. Specifically,

"Any town officer may be removed from office by the supreme court for any misconduct, maladministration, or malfeasance in office. An application for such removal may be made by any citizen resident of such town…and shall be made to the appellate division of supreme court held within the jurisdictional department embracing such town…"

The reason that I brought the application was that I felt that the actions of our local assessor were questionable. They had just violated all the procedures that we had ever understood to be the way to do things. And so, with the help of Jim Morgan and his wife Sheila, we filed this petition at the Appellate Division for removal of our town assessor.

I have copies of the petition here if anyone would like to have copies. But that's where we are, the return date is around the middle of November, so we'll see.

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