
    In the Matter of the Application of Bernard Naughton, Appellant. Republican County Committee of Westchester County et al., Respondents.
    (Argued October 21, 1926;
    decided October 22, 1926.)
    
      Election Law — nominations — authority of county committee to fill vacancy caused by disqualification of nominee.
    
    
      Matter of Naughton, 218 App. Div. 741, affirmed.
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1926, which affirmed an order of Special Term denying an application for an order declaring null and void the certificate of nomination of Jere Milliman as Republican nominee for comptroller of Westchester county. Milliman was named by a majority of a quorum of the Republican county committee to fill a “vacancy caused by the disqualification of the candidate nominated at the primary election. The question was whether the word “ disqualification ” in section 139 of the Election Law refers only to a condition arising after nomination.
    Order affirmed, without costs;
    
      Humphrey J. Lynch and Benjamin M. Freeman for appellant.
    
      Henry R. Barrett, Lee Parsons Davis and William A. Davidson for respondents.
   no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  