Majority
p. 427In the Matter of Charles H. Stowell, Appellant, against Battista Santoro et al., Constituting the Board of Trustees of the Village of Mamaroneck, et al., Respondents. Argued October 5,1938; decided October 11,1938.
p. 428The Appellate Division erred in refusing to consider the bribery charge. (People ex rel. Gilson v. Gibbons, 231 N. Y. 171 ; People ex rel. Leonard v. Cropsey, 149 App. Div. 730 ; People ex rel. Long v. Whitney, 143 App. Div. 17 ; People ex rel. Reardon v. Partridge, 86 App. Div. 310 .)
Benjamin Shedler, Meyer W. Greenwald and Herbert Peterfreund for appellant.
Frank A. Saporito and Mario D. Nicolais for respondents.
The record shows that the village trustees voted that the petitioner was guilty of the acts alleged only by the first charge. This charge was not considered at the Appellate Division. It was there held that the evidence amply sustained the other charges. The record, however, does not show that any action was taken by the trustees on those charges.
The order of the Appellate Division should be reversed and the matter remitted to the Appellate Division for further consideration and disposition in accordance with this opinion, without costs.
Crane, Ch. J., O’Brien, Hubbs, Loughran, Finch and Bjppey, JJ., concur; Lehman, J., taking no part.
Ordered accordingly.
Cases cited
- People ex rel. Gilson v. Gibbons 231 N. Y. 171 p. 428
- Poeple ex rel. Reardon v. Partridge 86 App. Div. 310 p. 428