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KAUFMAN v. PANNUCCIO

121 N.J. Super. 27 (1972)

295 A.2d 639

SYBIL KAUFMAN, PLAINTIFF-RESPONDENT, v. JOSEPH PANNUCCIO a/k/a JOSEPH PAYNE, and JOSEPH RUSSO, DEFENDANTS-APPELLANTS, and THE CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH (PAYNE) PANNUCCIO, JOSEPH R. RUSSO AND DANIEL F. RYAN, DEFENDANTS-APPELLANTS. (APPEAL OF JOSEPH R. RUSSO)

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1972.

Attorney(s) appearing for the Case

Mr. John W. Noonan argued the cause for appellant Joseph R. Russo (Messrs. Noonan & Flynn, attorneys).

Mr. Joseph F. Scancarella argued the cause for respondent City of Passaic.

Mr. Henry Ramer argued the cause for respondent Sybil Kaufman.

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

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

On March 8, 1972 plaintiff Sybil Kaufman, a resident and taxpayer of the City of Passaic, filed a complaint in lieu of prerogative writs challenging the right of Joseph Pannuccio, a/k/a Joseph Payne, and Joseph R. Russo (Russo) to sit as members of the city council on the ground that their offices as councilmen were incompatible with other municipal offices held by them. At that time Pannuccio was an assistant...

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