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  5. 60 N.Y.2d 40 (1983)
 

MATTER OF BURNS v. KINLEY

60 N.Y.2d 40 (1983)

In the Matter of T. Garry Burns, as City Clerk of the City of Albany, Appellant, v. Raymond J. Kinley et al., Constituting the Board of Elections of the County of Albany, Respondents, and George P. Scaringe, as Chairman of the Republican Party of the County of Albany, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided September 1, 1983.

Attorney(s) appearing for the Case

Vincent J. McArdle, Jr., Corporation Counsel, for appellant.

Robert G. Lyman, County Attorney, for respondents.

Thomas J. Spargo for intervenor-respondent.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur in Per Curiam opinion; Chief Judge COOKE taking no part.

Per Curiam.

Subdivisions 1 and 2 of section 2-a of the General City Law are not unconstitutional in consequence of the provisions of section 3 of article XIII of the New York State Constitution. Accordingly, no vacancy in the offices of Mayor or President of the Common Council of the City of Albany requiring election before the fall of 1985 will exist by reason of the death of former Mayor Erastus Corning, 2nd.

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