Opinion
August 23, 1983
Appeal from the Erie Supreme Court, Ostrowski, J.
Present — Doerr, J.P., Denman, Boomer, Green and Schnepp, JJ.
Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree for the reasons stated at Special Term that respondent Pordum is ineligible to assume the office of Mayor of the City of Lackawanna because he was convicted of a crime of moral turpitude; however, the court erroneously invalidated the entire petition. The petition is valid insofar as it designated a committee to fill vacancies (see Matter of Owens v Sharpton, 45 N.Y.2d 794).