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IN RE CONTEST OF NOV. 8, 2005 GENERAL ELECTION

909 A.2d 1199 (2006)

388 N.J. Super. 663

In re The CONTEST OF the NOVEMBER 8, 2005 GENERAL ELECTION FOR THE OFFICE OF MAYOR FOR the TOWNSHIP PARSIPPANY-TROY HILLS.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Carbone and Faasse, attorneys for appellant, Rosemarie C. Agostini (John M. Carbone, Ridgewood, on the brief).

Genova, Burns & Vernoia, attorneys for respondent Mayor Michael Luther (Angelo J. Genova, of counsel; Peter J. Cammarano, III, and Michael J. Grohs, on the brief).

Ronald Kevitz, Morris County Counsel, attorney for respondent Clerk of Morris County Joan Bramhall (Daniel W. O'Mullan, Special County Counsel, on the statement in lieu of brief).

Before Judges CUFF, WINKELSTEIN and MESSANO.

The opinion of the court was delivered by

MESSANO, J.S.C. (temporarily assigned).

Petitioner, Rosemarie C. Agostini (Agostini), placed second in the November 8, 2005 general election for the office of mayor of the Township of Parsippany-Troy Hills (Parsippany). She challenged the result in a verified petition filed pursuant to N.J.S.A. 19:29-1. The winner of the election, respondent Michael Luther (Luther), successfully moved to dismiss the petition...

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