MATTER OF COLLINS v. MEISSER

Court of Appeals of the State of New York.

Jun 13, 1968

Judgment

CaseIQ

Order affirmed, without costs, in the following memorandum: A petition which names a committee on vacancies is not rendered invalid because of the disqualification of one of the members ( Matter of Brennan v. Power, 307 N.Y. 818). It is a fatal defect if no committee on vacancies is named ( Matter of Richter v. Thaler, 11 N.Y.2d 722).

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL, JASEN and KOREMAN.

Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.