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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46416 Justice Shapiro SUBSEQUENT TO appointment to the Town of Carmel Zoning Board of Appeals (ZBA), petitioner was sworn in on Oct. 21, 2003. His signed oath of office was filed with the town clerk that day. On Dec. 29, 2003, in connection with pending litigation, the town’s board stipulated to the withdrawal of petitioner’s appointment. Under the mistaken impression that petitioner had not been sworn into his ZBA position, the court so-ordered the stipulation of settlement, upon which the town board passed a resolution purportedly removing petitioner from his ZBA position. Citing Matter of Sullivan v. Taylor, the court ruled that petitioner’s removal without cause, violative of Town Law �267(9), could not be accomplished by the stipulation. Concluding that it lacked jurisdiction to so-order the stipulation, the court enjoined the town board’s enforcement of the resolution to remove the petitioner from his ZBA position and ruled that petitioner was entitled to continue to serve as a ZBA member.

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