
    In the Matter of James F. Howard et al., Appellants-Respondents, v. Nelson A. Rockefeller, as Governor of the State of New York, Respondent, and John J. Schwenk, as Mayor of the City of Kingston, Appellant.
    Argued March 11, 1965;
    decided March 18, 1965.
    
      
      Harry Gold, Corporation Counsel, for appellant.
    
      Vernon Murphy and Aaron E. Klein for appellants-respondents.
    
      Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Paxton Blair and Robert W. Imrie of counsel), for respondent.
   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.  