Ryan v. Axelrod

Staley, Jr., J., dissents and votes to affirm in the following memorandum. Staley, Jr., J. (dissenting).

I would affirm upon the decision of Special Term. In Matter of Brennan v Power (307 NY 818), it was held that a petition which names a committee on vacancies is not rendered invalid because of the disqualification of one of the members. (Cf. Matter of Dietrich v Northrop, 82 Misc 2d 941.) In Matter of Santocci v Power (14 NY2d 764), it was held that where a majority of the committee to fill vacancies were qualified, the designating petition was not defective. Under the circumstances here,…