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IN RE PETITION OF HARTNETT

163 N.J. Super. 257 (1978)

394 A.2d 871

IN THE MATTER OF THE PETITION OF RICHARD HARTNETT, JR., TO CONTEST THE ELECTION OF J. STANLEY BARLOW TO THE OFFICE OF COUNCILMAN OF THE BOROUGH OF LEONIA PURSUANT TO N.J.S.A. 19:29-1 ET SEQ.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1978.

Attorney(s) appearing for the Case

Mr. Michael I. Lubin argued the cause for defendant-appellant J. Stanley Barlow (Messrs. Wittman, Anzalone, Bernstein, Dunn & Lubin, attorneys).

Mr. James I. Avignone argued the cause for plaintiff-respondent and cross-appellant Richard Hartnett, Jr. (Messrs. Huckin & Huckin & Avignone, attorneys).

Mr. John J. Degnan, Attorney General of the State of New Jersey, filed a brief amicus curiae (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Ms. Janice S. Mironov, Deputy Attorney General, on the brief).

Before Judges LORA, MICHELS and LARNER.

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

This is an accelerated appeal from a determination in an election contest under N.J.S.A. 19:29-1(e) in which the judge set aside the election of J. Stanley Barlow in November 1977 as councilman at large in the Borough of Leonia. He declined to hold that the contestant Richard Hartnett, Jr. was the duly elected councilman, and thus declared the office vacant. Barlow appeals, contending that the voiding...

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