Opinion
November 15, 1989
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Davis, JJ. (Order entered Oct. 17, 1989.)
Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Respondent James D. Bennett was disqualified from holding the office of Councilman of the City of Auburn (see, Public Officers Law § 3) and thus a vacancy in that office was created (see, Election Law § 6-148, [2]).