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CIANCIOTTO v. MILSTEIN

132 N.J. Super. 83 (1975)

332 A.2d 228

OTTO J. CIANCIOTTO AND RUTH CIANCIOTTO, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. SIDNEY MILSTEIN AND MAYOR AND COUNCIL OF THE BOROUGH OF CLOSTER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1975.

Attorney(s) appearing for the Case

Messrs. Andora, Palmisano & De Cotiis for appellants (Mr. Anthony D. Andora, of counsel).

Mr. Edward J. Cahill for respondents.

Before Judges MATTHEWS, FRITZ and BOTTER.

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

Plaintiffs, residents and taxpayers of the Borough of Closter, Bergen County, instituted this action in lieu of prerogative writs seeking to set aside the appointment of defendant Milstein as a member of the Borough governing body. The Law Division Judge, after considering the pleadings and affidavits filed and oral argument, concluded, as a matter of law, that Milstein's appointment was invalid and entered...

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