Gonzalez v. Black (89 A.D.2d 940, 1982)

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

Kupferman, J. P.,

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.