Appellate Division of the Supreme Court of New York, 1913

In re the Removal from Office of McAleese

In re the Removal from Office of McAleese
Appellate Division of the Supreme Court of New York · Decided July 15, 1913
158 A.D. 891; 143 N.Y.S. 1128
In re the Removal from Office of McAleese

Opinion of the Court

Order entered removing the said Bernard J. McAleese from office as city judge of the city of Lackawanna. Held, on the uncontradicted evidence it appears that the defendant did for many months fail to pay over the fines collected by him to the city treasurer as required by the charter.* His failure so to do constituted a violation of his duty as a public officer, and, being wholly unexplained or excused, justifies and requires his removal from office. All concurred.

See Laws of 1909. chap. 574, ยง 278.โ€” [Rep.

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