Majority
Order unanimously reversed on the law without costs and motion granted. Memorandum: Summary judgment should have been granted to plaintiff against defendant, a town supervisor, even though there was no showing of negligence on his part. It is undisputed that town funds had been converted during defendant’s term of office. A public officer is strictly liable for the loss of public funds received by virtue of his office (Matter of Bird v McGoldrick, 277 NY 492 ; City of New York v Fox, 232 NY 167 , 169; Tillinghast v Merrill, 151 NY 135 , 142; Fidelity & Cas. Co. v Finch, 3 AD2d 141 , 143; Town of Evans v Catalino, 103 Misc 2d 261 , 266, affd 88 AD2d 780 , lv dismissed 58 NY2d 687 ). (Appeal from order of Supreme Court, Allegany County, Sprague, J. — summary judgment.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.
Cases cited
- Bird v. McGoldrick 277 NY 492 p. 909
- City of New York v. Fox 232 NY 167 at 169 p. 909
- Tillinghast v. Merrill 151 NY 135 at 142 p. 909
- Fidelity & Casualty Co. v. Finch 3 AD2d 141 at 143 p. 909
- Town of Evans v. Catalino 103 Misc 2d 261 at 266 p. 909
- Town of Evans v. Catalino 88 AD2d 780 p. 909