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IN RE NO. 2, 2010 GEN. ELECTION

Docket No. A-2499-10T1

31 A.3d 945 (2011)

423 N.J. Super. 190

In the Matter of the NOVEMBER 2, 2010 GENERAL ELECTION FOR the OFFICE OF MAYOR IN the BOROUGH OF SOUTH AMBOY, MIDDLESEX COUNTY, New Jersey.

Superior Court of New Jersey, Appellate Division.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Christopher F. Struben , Secaucus, argued the cause for appellant/cross-respondent Mary O'Connor ( Michael A. Percario , attorney; Mr. Struben and Roger J. Ermola II , on the brief).

George N. Cohen , Deputy Attorney General, argued the cause for respondent Middlesex County Board of Elections ( Paula T. Dow , Attorney General, attorney; Mr. Cohen, on the brief).

Karl P. Kemm argued the cause for respondent/cross-appellant Fred Henry (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Mr. Kemm and Michael J. Baker , of counsel; Albert J. Alvarez , New Brunswick, on the briefs).

Flavio L. Komuves argued the cause for amicus curiae American Civil Liberty Union of New Jersey (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Komuves , of counsel and on the brief).

Before Judges MESSANO, ESPINOSA and KENNEDY.

The opinion of the court was delivered by

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

Candidate Mary O'Connor (O'Connor), who placed second in the November 2, 2010 general election for the office of the mayor of the Borough of South Amboy (South Amboy), appeals from a decision of the Law Division denying her petition challenging the election. Fred Henry (Henry), the winning mayoral candidate, cross-appeals challenging the trial court's order disallowing the vote...

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