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IN RE OCEAN COUNTY COM'R REGISTRATION

879 A.2d 1174 (2005)

379 N.J. Super. 461

In the Matter of the Application of the OCEAN COUNTY COMMISSIONER OF REGISTRATION FOR A RECHECK OF THE VOTING MACHINES FOR THE MAY 11, 2004, MUNICIPAL ELECTIONS in the Township of Long Beach and Manchester and the Borough of Island Heights. Peter L. Murphy, Plaintiff-Appellant, v. Ocean County Board of Elections, Ocean County Clerk, Township of Long Beach and Ralph Bayard, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 2005.

Attorney(s) appearing for the Case

Joseph D. Coronato, Toms River, argued the cause for appellant (Mulvaney, Coronato & Brady, attorneys; Mr. Coronato, on the brief).

Judith Andrejko, Deputy Attorney General, argued the cause for respondent Ocean County Board of Elections (Peter C. Harvey, Attorney General, attorney, Patrick Dealmeida, Assistant Attorney General, of counsel; Ms. Andrejko, on the brief).

Laura M. Benson argued the cause for respondent Ocean County Clerk (Berry, Sahradnik, Kotzas, Riordan & Benson, attorneys; Mr. Benson, on the brief).

Edmund F. Fitterer, Jr., Ship Bottom, argued the cause for respondent Township of Long Beach (Shackleton & Hazeltine, attorneys; Richard J. Shackleton, on the brief).

Richard A. Grossman, Brick, argued the cause for respondent Ralph Bayard (Grossman, Kruttschnitt, Heavey & Jacob, attorneys; Mr. Grossman, on the brief).

Before Judges STERN, WECKER and S.L. REISNER.

The opinion of the court was delivered by

WECKER, J.A.D.

These consolidated appeals arise out of a May 11, 2004 municipal election in the Township of Long Beach, in Ocean County. Plaintiff, Peter L. Murphy, was an unsuccessful candidate in that election, having lost the position he sought by one vote. In A-5899, we affirm the order permitting a recheck of the voting machines at the request of the State, and in A-5900, we affirm the summary judgment dismissing...

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