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Ames v. Central Oneida County Volunteer Ambulance Corps
Citations: 81 A.D.2d 1035; 440 N.Y.S.2d 122; 1981 N.Y. App. Div. LEXIS 11797
Court: Appellate Division of the Supreme Court of the State of New York; May 27, 1981; New York; State Appellate Court
Judgment reversed unanimously, with costs awarded to the petitioner, who was a member in good standing of the Central Oneida County Volunteer Ambulance Corps. The petitioner sought to annul her expulsion resulting from an article 78 proceeding. The grievance committee had found her guilty of breaching patient confidentiality by removing and copying an 'Ambulance Run Record'—a document used to detail ambulance service calls. During the grievance meeting, she acknowledged her actions were intended as a personal memento but claimed she was unaware of any wrongdoing. The committee permanently suspended her, citing her conduct as detrimental to the organization’s purpose. On appeal, the court found that the expulsion was unjustified because the Corps' by-laws did not explicitly prohibit the removal of trip sheets, and the petitioner did not violate any specific rule. While the Corps argued that her actions hampered its functioning, the court noted that the absence of a confidentiality provision in the by-laws meant her conduct did not constitute grounds for expulsion. The court emphasized that although a member's actions can be destructive to the organization, the petitioner’s behavior did not violate the fundamental objectives of the Corps, nor did it compromise its integrity. Thus, judicial intervention was warranted, leading to the petitioner’s reinstatement.