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 question.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burice, Scileppi and Bergan.