Opinion
Argued October 18, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MICHAEL CATALANO, J.
Thomas M. Daley for appellants.
John A. Krull for respondent.
Order affirmed, without costs. We hold that the challenged member of the Committee on Vacancies was a voter within section 138 of the Election Law and, therefore, was qualified to be named as a member of the Committee on Vacancies. We pass upon no other question. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.