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CORVELLI v. FONSECA

732 A.2d 1147 (1999)

323 N.J. Super. 342

Peter CORVELLI, Plaintiff, v. Antonio FONSECA, Maria R. Beirao, Leonard D. Gilbert, Mattie J. Holloway, Karen D. McCoy, Joe Pinckney, and The Township of Hillside, Defendants.

Superior Court of New Jersey, Law Division, Union County.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Frank G. Capece, Secaucus, for plaintiff (Waters, McPherson, McNeill, P.C., attorneys).

Mark P. Dugan, Westfield, for defendants Maria R. Beirao, Mattie J. Holloway, and the Township of Hillside (O'Connor, Morss & O'Connor, P.C., attorneys).

Raymond S. Londa, Elizabeth, for defendant Antonio Fonseca (Londa & Londa, attorneys).

Bruce H. Bergen, Elizabeth, for defendants Leonard D. Gilbert, Karen D. McCoy, and Joe Pinckney (Krevsky, Silber & Brown, attorneys).

BEGLIN, A.J.S.C.

This matter involves interpretation of the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq. as to when a vacancy in an elected office occurs.

Antonio Fonseca ["Fonseca"] was elected to the Hillside Township Council on May 13, 1997, as the Ward 4 Councilperson. He took office on July 1, 1997, for a term of two years, expiring on June 30, 1999.2 Plaintiff Peter Corvelli, a registered voter and resident...

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