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Paladino Removal Could Be Appealed

Carl Paladino was removed from his position on the Buffalo Board of Education last week for publicly disclosing confidential information from an executive session. This official reason for Paladino’s removal is being questioned by some who feel that the real reason is Paladino’s statements in ArtVoice regarding former President Barack Obama and his wife Michelle. Attorney Paul Cambria spoke to the Buffalo News about whether the official reason for Paladino’s removal will hold up if the decision is appealed. The full story is available on the Buffalo News website.

Removal is "surprising"

Mr. Cambria told the Buffalo News that “no one at all” believes that Paladino’s public disclosure of confidential information is the reason for his dismissal from the Buffalo Board of Education. He went on to say that he was “surprised at the removal.”

“It seems to me that, from the facts you can glean from reading the public press that there wasn’t any actual harm caused,” Mr. Cambria explained. He went on to say, “it would seem to me that something less than removal would have been appropriate, especially because he was in elected office.” Mr. Cambria likened removal from office to “capital punishment” for this type of violation.

Chances for appeal

 Mr. Cambria expressed doubt to the Buffalo News over how harmful Paladino’s public disclosure regarding teachers’ contracts would have been if his comments were published three months after the contracts were ratified. He asked, “How can it be detrimental if the contract is over?” Mr. Cambria then questioned whether the offense should have led to Paladino’s dismissal from public office, saying, “I just think that’s a real stretch.”

According to the Buffalo News, Mr. Cambria expects that Paladino will be granted a stay and be allowed to stay in office while his legal team attempts to appeal the decision. The appeal would take place in the State Supreme Court in Albany, where a judge will decide on how the timetable for the deliberation. “I wouldn’t be surprised if it were a two or three month process,” Mr. Cambria said.

About Paul J. Cambria, Jr.

The chair of Lipsitz Green Scime Cambria’s Criminal Defense Trials and Appeals Practice Area, Mr. Cambria advises clients on criminal trials, criminal appeals, constitutional and First Amendment law, zoning and land use, antitrust, and professional licensing defense. He divides his time between the firm's offices in Buffalo and Los Angeles.

 

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