Summary
In Matter of Santucci v Power (14 N.Y.2d 764), it was held that where a majority of the committee to fill vacancies were qualified, the designating petition was not defective. Under the circumstances here, there was no majority of the committee to fill vacancies qualified to act, and the petition was, therefore, fatally defective.
Summary of this case from Matter of Ryan v. AxelrodOpinion
Argued May 27, 1964
Decided May 27, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LESTER HOLTZMAN, J.
Hyman J. Greenberg, Sidney Schmukler and Lawrence Peirez for appellant.
Nathan Schwartz for John Peri, respondent.
No appearance for remaining respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and HAMM.
Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judge BERGAN.