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CASAMASINO v. CITY OF JERSEY CITY

304 N.J. Super. 226 (1997)

PETER CASAMASINO, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, AND DIRECTOR, DIVISION OF TAXATION AND HUDSON COUNTY BOARD OF TAXATION, PLAINTIFFS/INTERVENORS, v. CITY OF JERSEY CITY AND BRET SCHUNDLER, MAYOR OF THE CITY OF JERSEY CITY, DEFENDANTS-APPELLANTS/CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 2, 1997.

Attorney(s) appearing for the Case

Carol Zylbert argued the cause for appellant/cross-respondent City of Jersey City (Sean M. Connelly, attorney; Ms. Zylbert on the brief).

Brian W. McAlindin argued the cause for appellant/cross-respondent Bret Schundler (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. McAlindin, of counsel and on the brief; Kenneth R. Foreman on the brief).

Harry Haushalter argued the cause for respondent/cross-appellant (Conley and Haushalter, attorneys; Mr. Haushalter on the brief).

John R. Lloyd argued the cause for amicus curiae Association of Municipal Assessors of New Jersey (Rosenblum, Wolf & Lloyd, attorneys; Mr. Lloyd on the brief).

No brief was filed on behalf of the plaintiffs/intervenors.

Before Judges BROCHIN, KESTIN and EICHEN.

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

Plaintiff Peter Casamasino served as the tax assessor for defendant City of Jersey City (Jersey City) since his appointment in 1987 by then Mayor Anthony Cucci. Mayor Cucci appointed Casamasino to complete the term of the former tax assessor who had died in office two months before his term was set to expire on June 30, 1987. By Mayor Cucci's letter to the city council dated April 27, 1987, plaintiff was appointed...

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