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MATTER OF RICHTER v. THALER

11 N.Y.2d 722 (1962)

In the Matter of Loretta Richter et al., Petitioners-Respondents, v. Seymour R. Thaler, Appellant, and James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1962.

Attorney(s) appearing for the Case

Robert B. Brady and Harry Kandel for appellant.

Michael A. Castaldi and Joel L. Cohen for Loretta Richter and another, respondents.

Concur: Judges DYE, FROESSEL, BURKE, FOSTER and HUNT. Dissent: Judges FULD and MacAFFER.

Order affirmed, without costs. We read section 138 of the Election Law as mandating that a nominating petition shall include a Committee to Fill Vacancies. There can be no question as to legislative intent in view of the fact that 40 years ago, when committees to fill vacancies were by law permissive, the Legislature amended the statute so as to provide that independent nominating petitions "shall" provide for such committees (L. 1922, ch. 588; Election Law, former §...

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