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HAYES v. HUDSON COUNTY BD. OF FREEHOLDERS

116 N.J. Super. 21 (1971)

280 A.2d 838

FRANCIS X. HAYES, PLAINTIFF-APPELLANT, v. HUDSON COUNTY BOARD OF CHOSEN FREEHOLDERS AND CLERK OF HUDSON COUNTY, DEFENDANTS-RESPONDENTS, AND CHESTER J. WOJTYCHA, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 1971.

Opinion Filed August 17, 1971.

Attorney(s) appearing for the Case

Mr. Francis X. Hayes, appellant, argued the cause pro se.

Mr. Daniel F. Gilmore, Assistant County Counsel, argued the cause for respondents Hudson County Board of Chosen Freeholders and Clerk of Hudson County (Mr. William F. Kelly, Jr., Hudson County Counsel, attorney).

Mr. John J. Mulvihill argued the cause for respondent Chester J. Wojtycha (Messrs. Crummy, O'Neill, Del Deo & Dolan, attorneys; Mr. John T. Dolan, of counsel).

Before Judges CONFORD, LEONARD and MATTHEWS.

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

The questions before us are: (a) whether there is a vacancy in the Board of Chosen Freeholders of Hudson County resulting from the conviction, on April 22, 1971, of Chester J. Wojtycha, an elected member of that body, for violation of N.J.S.A. 2A:135-8(c) (being personally interested in sale of goods to the county); (b) if there is such a vacancy should it be filled in accordance with whatever law...

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