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In re McAleese

143 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1913-07-08 English

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p. 1128
In re McALEESE, City Judge.
(Supremo Court, Appellate Division, Fourth Department.
July 8, 1913.)

Headnote

In the matter of the application for the removal from office of Bernard J. Mc-Aleese, City Judge of the City of Lackawanna.

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. See, also, 151 App. Div. 897 , 899, 135 N. Y. Supp. 1125 .