
    In the Matter of Daniel J. Naples et al., Appellants, v. Peter B. Carr, Respondent.
    Argued October 18, 1961;
    decided October 19, 1961.
    
      
      Thomas M. Daley for appellants.
    
      John A. Krull for respondent.
   Order affirmed, without costs. We hold that the challenged member of the Committee on Vacancies was a voter within section 138 of the Election Law and, therefore, was qualified to be named as a member of the Committee on Vacancies. We pass upon no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.  