205 A.D. 774 | N.Y. App. Div. | 1923
The petitioner was the superintendent of highways of the county of Schenectady. Charges were preferred against him and he was notified to appear before the board of supervisors at the court house in the city of Schenectady on the 16th day of April, 1923, at seven-thirty o’clock p. m. This proceeding was conducted under section 30 of the Highway Law (as amd. by Laws of 1910, chap. 567), which provides that “ the board of supervisors of any county may appoint a county superintendent * * * and may remove such county superintendent for malfeasance or misfeasance in office, upon^written charges, after an opportunity to be heard, not less
The hearing lasted until about ten-thirty in the evening. When the prosecution rested the petitioner asked for an adjournment for one week, in order that he might have opportunity to procure witnesses and make reply to these charges, the nature and character of which with any definiteness was for the first time disclosed to him during the hearing. Motion was made by a member of the board to grant an adjournment for one week, but this motion was lost and, after a recess of a few moments, a resolution was passed sustaining the charges and dismissing the petitioner from his office. In our view this petitioner did not have a fair hearing. He was in fairness entitled to a bill of particulars or more specific charges. He had been in office a number of years and it was
The determination of the board of supervisors should be annulled and the proceedings remitted for further action, with direction that this petitioner is entitled to have the charges against him made more specific and is entitled to a reasonable opportunity to procure witnesses in his defense.
H. T. Kellogg, Acting P. J., Hinman and Hasbrouck, JJ., concur.
Determination annulled, with fifty dollars costs and disbursements, and proceedings remitted to the board of supervisors for further consideration in accordance with the opinion.