CLARK v. DE FINO


80 N.J. 539 (1979)

404 A.2d 621

JOHN B. CLARK AND JOHN TOMASIN, PLAINTIFFS-APPELLANTS, v. ANTHONY M. DE FINO, PAUL A. ERBACH, JAMES F. LANGAN, JOSEPH P. OLIVETI, SALVATORE MOLLICA AND TERRY FOLEY, RAYMOND F. GABRIEL (ADDED DEFENDANT), DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 16, 1979.


Attorney(s) appearing for the Case

Mr. John Tomasin argued the cause for appellants.

Mr. Sydney I. Turtz argued the cause for respondents.


The opinion of the court was delivered by SULLIVAN, J.

This appeal presents the question whether defendant, Anthony M. DeFino, the Surrogate of Hudson County, was in violation of either the New Jersey Constitution, the statutory or common law of this State, or the Code of Judicial Conduct as implemented in our Rule 1:17-1, by running for reelection for the office of Commissioner of the Town of West New York.

The facts are not in dispute. Mr. DeFino is the...

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