Majority
p. 1140KOSTER, Respondent, v. ANDRUS, Mayor, et al., Appellants. (Supreme Court, Appellate Division, Second Department. November 24, 1905.)
Headnote
Action by Henry Koster, a taxpayer of the city of Yonkers, against John E. Andrus, as mayor of the city of Yonkers, John H. Southwick and others, as aldermen of the city of Yonkers, and John H. Keeler, Jr., as clerk of the city of Yonkers.-Order reversed, and injunction vacated, without costs, on the ground, suggested by the court upon the oral argument, that a special election to fill the vacancy caused by the resignation of Mr. Coyne as alderman of the city of Yonkers may lawfully bé held at this time, irrespective of the duration of the term of the alderman to" be chosen in his place. When that term shall end cannot properly be determined at this time, nor can its duration be affected by the form of the call for the election.