MATTER OF HOWARD v. ROCKEFELLER


22 A.D.2d 479 (1965)

In the Matter of James F. Howard et al., Respondents, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 16, 1965.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair, Herbert H. Smith and Robert W. Imrie of counsel), for Nelson A. Rockefeller, appellant.

Harry Gold, Corporation Counsel, for John J. Schwenk, appellant.

Schick & Klein (Aaron H. Klein and Vernon Murphy of counsel), for respondents.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.


TAYLOR, J.

Pursuant to the Charter of the City of Kingston (L. 1896, ch. 747, § 18) William Sinsabaugh was appointed to the vacancy in the office of Alderman occurring in September, 1964 for the term to expire on December 31, 1965. At Special Term it was conceded that the charter provision is in conflict with the State Constitution (art. XIII, § 3) and that the term of office of the appointee would...

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