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Thelawman2
Thelawman2, Attorney
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Experience:  Attorney-at-Law
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How do you make an application to removal a trustee from a village board under NYS law 36

Customer Question

How do you make an application to removal a trustee from a village board under NYS law 36? This trustee has broken the law and is currently under investigation by the DA's office
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.
The Supreme Court of the State of New York may also remove local officials, as provided in Section 36 of the PBO:§ 36. Removal of town, village, improvement district or fire district officer by court. Any town, village, improvement district or fire district officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal may be made by any citizen resident of such town, village, improvement district or fire district or by the district attorney of the county in which such town, village or district is located, and shall be made to the appellate division of the supreme court held within the judicial department embracing such town, village, improvement district or fire district. Such application shall be made upon notice to such officer of not less than eight days, and a copy of the charges upon which the application will be made must be served with such notice.So you will need to file the application for removal with the NY Supreme Court and you will need to provide notice to the trustee being removed. You must file it in the county where your village board is located. In New York, of course, the "supreme" court is the trial court.
Customer: replied 1 year ago.
do i need a lawyer for this application?
Expert:  Thelawman2 replied 1 year ago.
You don't have to have a lawyer to file the application, but hiring a lawyer may make the process easier for you (a lawyer will be familiar with the procedural requirements). Obviously though, it will cost more to hire a lawyer.
Customer: replied 1 year ago.
ok thanks
Expert:  Thelawman2 replied 1 year ago.
You are welcome. Please provide positive feedback
Expert:  Thelawman2 replied 1 year ago.
Let me know if you have any other questions!

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