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THOMAS v. SOSA

172 N.J. Super. 146 (1979)

410 A.2d 1210

ELLA THOMAS, TOWNSHIP CLERK OF TOWNSHIP OF WEEHAWKEN, PLAINTIFF, v. ROBERT SOSA AND MARK AIELLO, DEFENDANTS.

Superior Court of New Jersey, Law Division — Hudson County.

Decided November 16, 1979.

Attorney(s) appearing for the Case

Joseph J. Ryglicki for plaintiff (Pompliano and Ryglicki, attorneys).

George B. Campen for defendant Robert Sosa (Farmer and Campen, attorneys).

Le Roy D. Safro for defendant Mark Aiello.

BILDER, J.S.C.

This is an action for a declaratory judgment. It arises out of a Weehawken municipal election in which two candidates received an equal number of votes. At issue is the meaning of the N.J.S.A. 40A:16-16, a section of the newly enacted Municipal Vacancy Law.

The facts are undisputed. In the general election held November 6, 1979 two candidates for Third Ward Committeeman received the same number of votes. This situation was confirmed by...

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