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MATTER OF WILSON v. TOWN OF MINERVA TOWN BOARD

65 A.D.3d 788 (2009)

883 N.Y.S.2d 738

In the Matter of PHILLIP WILSON, Petitioner, v. TOWN OF MINERVA TOWN BOARD et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 13, 2009.

Kane, J.

In 2001, respondent Town of Minerva hired petitioner as a maintenance mechanic. On his employment application, the question whether he had ever "been convicted of a crime (misdemeanor or felony)" was answered in the negative. In fact, petitioner had been convicted of driving while intoxicated (hereinafter DWI) in 1999. In 2007, petitioner was again arrested for DWI, leading to another conviction. The Town charged...

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