BATKO v. SAYREVILLE DEM. ORG.


860 A.2d 967 (2004)

373 N.J. Super. 93

Phyllis BATKO, Plaintiff-Appellant, v. SAYREVILLE DEMOCRATIC ORGANIZATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 2004.


Attorney(s) appearing for the Case

Philip G. George argued the cause for appellant (Eric M. Bernstein & Associates, attorneys; Eric Martin Bernstein, of counsel; Mr. George on the brief).

Joseph P. Ambrosio argued the cause for respondent.

Before Judges KESTIN, LEFELT, and FUENTES.


The opinion of the court was delivered by

FUENTES, J.A.D.

This opinion revises and replaces the opinion released on October 15, 2004. In that earlier opinion we held, in part, that the screening process utilized by defendant, the Sayreville Democratic Organization, to select the person who will run under the party's banner in the local primary election, violated the provisions of N.J.S.A. 19:34-52. Thereafter, defendant moved for reconsideration arguing...

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