MOCCO v. PICONE


203 N.J. Super. 443 (1985)

497 A.2d 512

JOSEPH MOCCO, RESPONDENT, v. JOSEPH PICONE, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1985.


Attorney(s) appearing for the Case

Joseph R. Mariniello argued the cause for appellant (Mariniello & Oury, attorneys; Joseph R. Mariniello, of counsel and on the brief).

Herbert Klitzner argued the cause for respondent.

Eric J. Bal submitted a brief on behalf of amici curiae Gattoni, DiGiovanni, Corpito, Sacco and Liggio.

Before Judges DREIER and SHEBELL.


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

This appeal concerns issues arising out of application of the statutes governing the recall of commissioners in the Walsh Act community of North Bergen in Hudson County. See generally N.J.S.A. 40:75-25 et seq.

Petitions seeking recall of all five of the Township's commissioners were filed with the municipal clerk on April 15, 1985. On the same day Joseph Mocco, a signer of the petitions...

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