Naples v. Carr — 10 N.Y.2d 850

Majority

p. 850

In the Matter of Daniel J. Naples et al., Appellants, v. Peter B. Carr, Respondent.

Argued October 18, 1961;

decided October 19, 1961.

p. 851

Thomas M. Daley for appellants.

John A. Krull for respondent.

Order affirmed, without costs. We hold that the challenged member of the Committee on Vacancies was a voter within section 138 of the Election Law and, therefore, was qualified to be named as a member of the Committee on Vacancies. We pass upon no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.