April 10, 2007. The Appellate Division, Second Department granted the motion made by Michael G. Kruzynski to dismiss the proceeding pursuant to Public Officers Law § 36 to remove Lewis Johs’ client from public office due to alleged misconduct. In Montanino v. Rowley, et al., the Appellate Division found that the petition failed to allege misconduct which rose to the level necessary to justify the remedy of removal from office.