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STATE v. MUSTO

188 N.J. Super. 106 (1983)

456 A.2d 114

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM V. MUSTO, CITY OF UNION CITY AND BOARD OF COMMISSIONERS OF THE CITY OF UNION CITY, DEFENDANTS-APPELLANTS. WILLIAM V. MUSTO, PLAINTIFF-APPELLANT, v. CARMEN A. ORECHIO AND THE NEW JERSEY SENATE, DEFENDANT-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1983.

Attorney(s) appearing for the Case

Thomas A. De Clemente argued the cause for appellant (De Clemente & Klitzner, attorneys; John C. Caniglia on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, argued the cause for respondent State of New Jersey, (James J. Ciancia, Assistant Attorney General, of counsel and Joseph L. Yannotti and Kathleen B. McGill, Deputy Attorneys General, on the brief).

Leon J. Sokol argued the cause for respondent New Jersey Senate and Carmen A. Orechio (Greenstone & Sokol, attorneys; Leon J. Sokol and Michael D. Solomon on the brief).

Before Judges BOTTER, POLOW and BRODY.

PER CURIAM.

On March 26, 1982 appellant William V. Musto was convicted in the United States District Court for the District of New Jersey of violating various federal criminal statutes. His custodial sentence was stayed pending appeal. On July 20, 1982 judgment was entered in the Law Division declaring that Musto's public offices as New Jersey State Senator and Commissioner and Mayor of Union City were forfeited and deemed vacated as of May 10, 1982 when a custodial...

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