Majority
p. 851The People of the State of New York ex rel. Peter A. Finley, Respondent, v. Thomas H. Gorman, Appellant.
Motion'for leave to appeal to the Court of Appeals granted, and the following questions certified: “ 1. Does plaintiff’s complaint herein state a cause of action? 2. Has the defendant, Gorman, a right to vote in the City Council of the City of Saratoga Springs until such time as a new Commissioner of Public Safety be chosen? ” Present — Van Kirk, Acting P. J., Hinman, McCann, Davis and Whitmyer, JJ.