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McCANN v. SUPERINTENDENT OF ELECTIONS

303 N.J. Super. 352 (1997)

GERALD McCANN, PLAINTIFF-APPELLANT, v. SUPERINTENDENT OF ELECTIONS OF HUDSON COUNTY AND CLERK OF THE CITY OF JERSEY CITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1997.

Attorney(s) appearing for the Case

Jan Alan Brody argued the cause for appellant (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys; Mr. Brody and Kenneth L. Winters, on the brief).

Mark J. Fleming, Assistant Attorney General, argued the cause for respondent Superintendent (Peter Verniero, Attorney General, attorney; Jaynee LaVecchia, Assistant Attorney General, of counsel; Mr. Fleming, on the brief).

Daniel W. Sexton, Assistant Corporation Counsel, argued the cause for respondent Clerk.

Before Judges HAVEY, BROCHIN and KESTIN.

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

This matter arises on plaintiff's emergent application for a stay pending appeal and for expedited consideration of the appeal. The question is whether plaintiff is eligible to be a candidate for the office of Mayor of Jersey City in the May 13, 1997 election.

Plaintiff commenced the action in the Chancery Division on March 31, 1997 by complaint and order to show cause with temporary restraints, after...

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