MATTER OF HOWARD v. ROCKEFELLER, SCHWENK

Order modified, without costs, to declare that the Mayor had power to and did on September 30, 1964 appoint William Sinsabaugh, Alderman, Fifth Ward, City of Kingston, for a term which will run to and expire on December 31, 1965 pursuant to section 18 of the city charter. Section 3 of article XIII of the State Constitution does not invalidate such an appointment. We pass on no other question.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.