KAUFMAN v. PANNUCCIO


121 N.J. Super. 32 (1972)

295 A.2d 642

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 DANIEL F. RYAN)

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1972.


Attorney(s) appearing for the Case

Mr. Abraham L. Friedman argued the cause for appellant Daniel F. Ryan (Messrs. Rothbard, Harris & Oxfeld, attorneys; Mr. Emil Oxfeld, of counsel).

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

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.


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

Defendant Daniel F. Ryan, a member of the Passaic municipal council, appeals from a judgment of the Law Division holding his position as a Guidance Counselor in the Passaic school system to be incompatible with that of councilman, and requiring him to elect, within 30 days, whether to serve his term as councilman or retain his position in the school system.

The facts leading up to the present controversy...

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