Matter of Roman v. Power

Full title: In the Matter of PABLO ROMAN, Appellant, v. JAMES M. POWER et al.…

Court: Court of Appeals of the State of New York

Date published: Sep 2, 1961

177 N.E.2d 447 (N.Y. 1961)

177 N.E.2d 447

220 N.Y.S.2d 228

Opinion

Argued September 2, 1961

Decided September 2, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.

Narciso Puente, Jr., for appellant.

Max Feigin for Alfred E. Santangelo and others, respondents.

Order affirmed, without costs. We hold contrary to the holding of the Appellate Division herein that a Committee on Vacancies is not a necessary party in a proceeding such as this. Ordinarily the proceeding would, accordingly, be remanded to Special Term to pass upon the merits but such remand is unnecessary here since the issue tendered has already been disposed of in Matter of Chance v. Power ( 10 N.Y.2d 792), decided herewith. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, BERGAN^_, BOOKSTEIN^fn_ and BEST^fn_.

_ Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judges FULD, FROESSEL and FOSTER.