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DeSOTO v. SMITH

891 A.2d 1241 (2006)

383 N.J. Super. 384

Karen DeSOTO, Corporation Counsel for the City of Jersey City, Plaintiff/Appellant, v. Harvey SMITH and the City of Jersey City, Defendants/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 2006.

Attorney(s) appearing for the Case

Karen F. DeSoto argued the cause pro se.

Stephen J. Edelstein, Florham Park, argued the cause for respondent (Schwartz Simon Edelstein Celso & Kessler, attorneys; Mr. Edelstein, of counsel; Mr. Edelstein, Denis G. Murphy and Jason J. Lavery, on the brief).

Before Judges KESTIN, LEFELT, and SELTZER.

The opinion of the court was delivered by

LEFELT, J.A.D.

The Mayor of Jersey City, Glenn Cunningham, appointed plaintiff Karen DeSoto as Corporation Counsel and Director of the Department of Law. Less than one year thereafter, the mayor unexpectedly died, and Harvey Smith, who was council president, became acting mayor. Smith then removed DeSoto from her position, and DeSoto filed a complaint in lieu of prerogative writs against the City and Smith to challenge...

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