HIGHTON v. MUSTO


186 N.J. Super. 281 (1982)

452 A.2d 487

THOMAS HIGHTON AND ROBERT MENDENDEZ, PLAINTIFFS, v. WILLIAM MUSTO, JOSEPH BRADY, SUPERINTENDENT OF ELECTIONS OF THE COUNTY OF HUDSON, AND LINDA CALABRESE, DE FACTO ACTING CLERK OF THE CITY OF UNION CITY, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Eric J. Bal for plaintiffs.

Thomas A. DeClemente for defendant William V. Musto (DeClemente & Klitzner, attorneys).

Kenneth M. Olex for plaintiff State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

George J. Kaplan for defendant Linda Calabrese, de facto Acting Clerk of the City of Union City.


O'BRIEN, A.J.S.C.

This is a suit by a defeated candidate in a municipal election. The coplaintiff is a registered voter in that municipality. Defendant William Musto was one of the successful candidates.

On March 26, 1982 Musto was convicted of a series of federal offenses in the United States District Court. On May 10, 1982 he was sentenced upon those convictions. This court has concluded, in a decision rendered on June 16, 1982, that Musto was disqualified...

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