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ZIMMER v. CASTELLANO

Docket No. A-2559-12T4

75 A.3d 1163 (2013)

432 N.J. Super. 412

Mayor Dawn ZIMMER, Council President Peter Cunningham, Councilman Ravinder Bhalla, Councilwoman Jennifer Giattino, and Councilman David Mello, Plaintiffs-Respondents, v. Councilwoman Theresa CASTELLANO, Councilwoman Elizabeth Mason, Councilman Timothy Occhipinti, and Councilman Michael Russo, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2013.

Attorney(s) appearing for the Case

Jerry H. Goldfeder (Stroock & Stroock & Lavan, LLP), of the New York bar, admitted pro hac vice, argued the cause for appellants (Gregg F. Paster & Associates, and Mr. Goldfeder, attorneys; Steven W. Kleinman , of counsel; Mr. Kleinman and Mr. Goldfeder, on the brief).

William W. Northgrave argued the cause for respondents (McManimon, Scotland & Baumann, LLC, attorneys; Mr. Northgrave and Ted Del Guercio, III , Newark, on the brief).

Before Judges FISHER, ALVAREZ and ST. JOHN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we consider whether the remaining members of the Hoboken Council validly replaced a resigned member. As we held in another appeal, also decided today, regarding action taken by the Newark Council to fill a vacancy, Booker v. Rice, 431 N.J.Super. 548, 71 A.3d 206

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