p. 940(September 14, 1982) In the Matter of Jose M. Gonzalez, Appellant-Respondent, v Robert S. Black et al., Respondents, and Carmen Pinilla, Respondent-Appellant.
Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on September 13, 1982, affirmed, without costs and without disbursements. Concur — Sandler, Sullivan and Lynch, JJ.
dissents in a memorandum as follows: I would reverse and find the petitioner’s designation valid. This case derives from Matter of Reid v Richards ( 89 AD2d 939 ). The Committee on Vacancies was still viable as Special Term determined. (Matter of Owens v Sharpton, 45 NY2d 794 .) The parties stipulated that the petitioner was a resident as of August 13. There should be no bill of attainder against his designation by the committee. The date for filing the vacancy was after August 13.
Cases cited
- Owens v. Sharpton 45 NY2d 794 p. 940