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Addesso v. Sharpe

58 A.D.2d 613 Court N.Y. App. Div. Decision date 1977-06-15 English

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p. 613
(June 15, 1977)
In the Matter of Jack A. Addesso, Individually and as Chairman of the Zoning Board of Appeals of the City of Mount Vernon, et al., Respondents, v Thomas E. Sharpe, as Mayor of the City of Mount Vernon, Appellant.

— In a proceeding pursuant to CPLR article 78 to review a determination of the Mayor of the City of Mount Vernon, made after a hearing, that petitioners, individually and as members of the Zoning Board of Appeals of the City of Mount Vernon, "intentionally and wilfully” violated the provisions of article 7 of the Public Officers Law and to permanently enjoin the Mayor from removing petitioners as members of the zoning board of appeals, the Mayor appeals from a judgment of the Supreme Court, Westchester County, dated April 18, 1977, which, after a hearing, inter alia, annulled the determination. Judgment affirmed, with costs, on the opinion of Mr. Justice Trainor at Special Term. Gulotta, P. J., Cohalan, Damiani and Shapiro, JJ., concur.