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  5. 32 N.Y.2d 180 (1973)
 

MATTER OF ROHER v. DINKINS

32 N.Y.2d 180 (1973)

In the Matter of Adolph Roher et al., Appellants-Respondents, v. David N. Dinkins et al., Constituting the Board of Elections of the City of New York, et al., Respondents-Appellants. Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Joseph Frost and Abraham W. Sereysky for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law, intervenor-appellant.

Norman Redlich, Corporation Counsel (Stanley Buchsbaum, Alfred Weinstein and Mary P. Bass of counsel), for respondents-appellants.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI and JONES concur; Judge BREITEL taking no part.

WACHTLER, J.

In this case, we are required to decide whether article XIII (§ 3) of our State Constitution, which limits the period an appointee may serve in a vacated elective office, applies to vacancies on community district school boards. If it does, we are required to decide whether a special election should now be directed.

Article 52-A of the Education Law established the New York City Community...

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