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MATTER OF HOWARD v. ROCKEFELLER

15 N.Y.2d 927 (1965)

In the Matter of James F. Howard et al., Appellants-Respondents, v. Nelson A. Rockefeller, as Governor of the State of New York, Respondent, and John J. Schwenk, as Mayor of the City of Kingston, Appellant.

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Harry Gold, Corporation Counsel, for appellant.

Vernon Murphy and Aaron E. Klein for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Paxton Blair and Robert W. Imrie of counsel), for respondent.

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

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...

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