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ROONEY v. McEACHERN

128 N.J. Super. 578 (1974)

321 A.2d 270

THOMAS C. ROONEY, JR., INDIVIDUALLY AND AS MAYOR OF THE CITY OF PATERSON, PLAINTIFF, v. SYLVIA L. McEACHERN, CLERK OF THE CITY OF PATERSON, ELIZABETH VAN D. SMITH, SUPERINTENDENT OF ELECTIONS OF PASSAIC COUNTY, CITY OF PATERSON, A MUNICIPAL CORPORATION, LAWRENCE F. KRAMER, CYRIL YANNARELLI, MARION M. RAUSCHENBACH, SAMUEL HUGHES, RAMON CARRION, TERESA BJORNDAL, RICHARD FONTANELLA, RALPH DiMARCANTONIO, ORABELL NICKELSON, NICHOLAS DeLUCCIA, MICHAEL DeLUCCIA, DOMINICK DeMARCO, ANTHONY ZIRROLLI, WILLIAM MASON, MARTIN I. BARNES, RAY CASSETTA, MANNY E. MORALES, AND FRANK X. GRAVES, JR., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 31, 1974.

Attorney(s) appearing for the Case

Mr. Sheldon A. Weiss for plaintiff (Messrs. Glauberman and Weiss, attorneys).

Mr. William Miller for defendant Sylvia L. McEachern.

Mr. Joseph L. Conn for defendant Lawrence F. Kramer (Messrs. Conn and Kluger, attorneys).

Mr. Leo Gallene for defendant Cyril Yannarelli (Messrs. Merrey and Merrey, attorneys).

Mr. Peter T. Bongiorno for defendants Samuel Hughes, Ralph DiMarcantonio, Dominick DeMarco, Raymond Cassetta, and Frank X. Graves, Jr.

Mr. Harry Rapkin for defendant Ramon Carrion (Messrs. Iannacone, Rapkin, Chessin and Carrion, attorneys).

Mr. Alfred Fontanella for defendant Richard Fontanella (Messrs. Fontanella, Shashaty, Leonard, Cozine & Harris, attorneys).

Mr. Arthur J. Lesemann for defendant Orabell Nickelson (Messrs. Mazer and Lesemann, attorneys).

Mr. George Sokalski for defendant Nicholas De Luccia.

Mr. Dennis Cummins for defendant William Mason.

Mr. William J. Brogan for intervenors.

JOELSON, A.J.S.C.

Plaintiff is the present mayor of the City of Paterson under a unique form of government which has been declared by our courts to be invalid. In an election held May 14, 1974 he was a candidate for mayor under a changed form of government scheduled to commence on July 1, 1974. In that election plaintiff Thomas Rooney received 12,699 votes and defendant Lawrence Kramer received 12,860. The other three candidates for mayor received 2,779 votes altogether...

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