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McCUE v. ANTISELL

105 N.J. Super. 128 (1969)

251 A.2d 308

MAYOR CHARLES T. McCUE AND ROBERT NIVISON, PLAINTIFFS-RESPONDENTS, v. THOMAS A. ANTISELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1969.

Attorney(s) appearing for the Case

Mr. Stanley Yacker argued the cause for appellant.

Mr. Herbert B. Bierman argued the cause for respondents.

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by CONFORD, S.J.A.D.

The question presented is whether defendant, a Class IV (N.J.S.A. 40:55-1.4) member of the Marlboro Planning Board, lost that office automatically on January 1, 1969, the statutory date for commencement of the term of office of township councilman (to which office defendant had been elected in November 1968), notwithstanding defendant's refusal to be sworn into the office of councilman on or after...

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