Opinion
Argued June 13, 1968
Decided June 13, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH LIFF, J.
Patricia D. Collins, appellant in person.
Edward R. Yamin for Thomas M. Brennan, respondent.
Order affirmed, without costs, in the following memorandum: A petition which names a committee on vacancies is not rendered invalid because of the disqualification of one of the members ( Matter of Brennan v. Power, 307 N.Y. 818). It is a fatal defect if no committee on vacancies is named ( Matter of Richter v. Thaler, 11 N.Y.2d 722).
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL, JASEN and KOREMAN.
Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.