Gonzalez v. Black

dissents in a memorandum as follows: I would reverse and find the petitioner’s designation valid. This case derives from Matter of Reid v Richards (89 AD2d 939). The Committee on Vacancies was still viable as Special Term determined. (Matter of Owens v Sharpton, 45 NY2d 794.) The parties stipulated that the petitioner was a resident as of August 13. There should be no bill of attainder against his designation by the committee. The date for filing the vacancy was after August 13.

Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on September 13, 1982, affirmed, without costs and without disbursements. Concur — Sandler, Sullivan and Lynch, JJ.