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BOGDANOVE v. MAYOR AND COUN. OF BOR. OF WALDWICK

120 N.J. Super. 5 (1972)

293 A.2d 213

ALMA M. BOGDANOVE, AND OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK; ANTHONY SCAFURO; ROBERT RAKERS; WILLIAM BRANATH; CHARLES M. YOUNG AND FRANCIS X. HERBERT, INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1972.

Attorney(s) appearing for the Case

Mr. Joel M. Ellis argued the cause for appellants (Messrs. Gross, Demetrakis & Donohue, attorneys).

Mr. Robert E. Hamer argued the cause for respondent Mayor and Council of the Borough of Waldwick.

Before Judges SULLIVAN, LEONARD and CARTON.

PER CURIAM.

Nathaniel Bogdanove, the Republican nominee for mayor in the Borough of Waldwick, died seven days before the general election held on November 2, 1971. At that election his name remained on the ballot and he received 1977 votes while the Democratic candidate received 1758 votes. No other name appeared on the ballot as a candidate for the office of mayor.

The term of office of defendant Anthony Scafuro, who had been elected mayor in 1969, expired...

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