General

In the Matter of Jose M. Gonzalez, Appellant-Respondent, v. Robert S. Black et al., Respondents, and Carmen Pinilla, Respondent-Appellant

89 A.D.2d 940·New York Supreme Court, Appellate Division·1982·NY

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Opinion

(September 14, 1982) In the Matter of Jose M. Gonzalez, Appellant-Respondent, v Robert S. Black et al., Respondents, and Carmen Pinilla, Respondent-Appellant. [MAJORITY] Judgment, Supreme Court, Bronx County (Mercorella, J.), entered on September 13, 1982, affirmed, without costs and without disbursements. Concur — Sandler, Sullivan and Lynch, JJ. [DISSENT — Kupferman, J. P.,] 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.