Majority
p. 993Paul C. Norman, as Chairman of the Cayuga County Republican Committee, Respondent, v Jean Longo et al., Constituting the Board of Elections in the County of Cayuga, Respondents, and James M. Sorendo et al., Appellants.
— 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 [1]) and thus a vacancy in that office was created (see, Election Law § 6-148 [1], [2]). (Appeal from order of Supreme Court, Cayuga County,
p. 994
Contiguglia, J. — Election Law.) Present — Callahan, J. P., Den-man, Boomer, Balio and Davis, JJ. (Order entered Oct. 17, 1989.)