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MATTER OF MALLON

232 N.J. Super. 249 (1989)

556 A.2d 1271

IN MATTER OF THE APPLICATION OF THOMAS MALLON TO CONTEST THE ELECTION OF DONALD FREAM TO THE OFFICE OF COUNCILPERSON OF THE BOROUGH OF POINT PLEASANT.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 1989.

Attorney(s) appearing for the Case

Thomas G. Gannon argued the cause for appellant/cross-respondent Donald Fream (Hiering & Hoffman, attorneys; Thomas G. Gannon on the brief).

Robert A. Ballou, Jr. argued the cause for respondent/cross-appellant Thomas Mallon (Starkey, Kelly, Blaney & White, attorneys; Robert A. Ballou and Anthony Mancuso, on the brief).

John C. Sahradnik argued the cause for appellant-intervenor Ocean County Clerk (Berry, Kagan, Privetera & Sahradnik, attorneys; John C. Sahradnik and Dina R. Khajezadeh, on the brief).

Before Judges PETRELLA, SHEBELL and LANDAU.

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

This appeal relates to a contested election for one of two full-term seats on the municipal council in the Borough of Point Pleasant.1 Thomas Mallon, a Democratic candidate, obtained a recount of the votes cast for the council candidates at the November 8, 1988 general election. After the recount, Mallon instituted a suit in the...

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