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KUKASCH v. COTE

257 N.J. Super. 48 (1992)

607 A.2d 1335

HERBERT KUKASCH (AS CHAIRMAN OF THE HOLMDEL TOWNSHIP REPUBLICAN MUNICIPAL COMMITTEE) AND THE HOLMDEL TOWNSHIP REPUBLICAN MUNICIPAL COMMITTEE, PLAINTIFFS-RESPONDENTS, v. ERNEST COTE (MAYOR OF HOLMDEL), GARY AUMILLER AND CAROLE BALMER (HOLMDEL TOWNSHIP COMMITTEE CHAIRPERSONS), THE HOLMDEL TOWNSHIP COMMITTEE AND WILLIAM JAROCKI, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Joseph D. Youssouf argued the cause for appellants (Joseph D. Youssouf on the brief).

Herbert F. Lawrence argued the cause for respondents (Sarah B. Biser on the brief).

Before Judges O'BRIEN, HAVEY and CONLEY.

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

The Municipal Vacancy Law, N.J.S.A. 40A:16-11 to -23, provides that if the incumbent whose office has become vacant was elected to office as the nominee of a political party, the municipal committee of the political party of which the incumbent was the nominee shall, "no later than 15 days after the occurrence of the vacancy, present to the governing body the names of three nominees for the selection of...

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