JUAN A. GARCIA, ANN GARCIA, et al. v. JOANNE RAJOPPI, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4936-05T24936-05T2

JUAN A. GARCIA, ANN GARCIA,

and THE REPUBLICAN COMMITTEE

OF UNION COUNTY,

Plaintiffs-Respondents,

v.

JOANNE RAJOPPI, CLERK OF

UNION COUNTY; STUART RABNER,

ATTORNEY GENERAL OF THE STATE

OF NEW JERSEY,

Defendants,

and

YOLANDA M. ROBERTS, ACTING

MUNICIPAL CLERK OF THE CITY

OF ELIZABETH,

Defendant-Appellant.

________________________________________________________________

Argued October 4, 2006 - Decided October 4, 2006

Before Judges Coburn, Axelrad, and Gilroy.

On appeal from the Superior Court of New Jersey,

Law Division, Union County, L-1687-06.

William R. Holzapfel, City Attorney, City of

Elizabeth, argued the cause for appellant

(Mr. Holzapfel, on the brief).

Douglas F. Doyle argued the cause for respondents

(Edwards & Caldwell, attorneys; Mr. Doyle, of

counsel; Mr. Doyle, Charles Lee and John A. Stone,

on the brief).

The opinion of the court was delivered by

COBURN, P.J.A.D.

In this election case, defendant Yolanda M. Roberts, in her capacity as the Acting Municipal Clerk of the City of Elizabeth,

appeals from a final order entered by the Assignment Judge of Union County on May 8, 2006. The pertinent provisions of the order relate to plaintiff Juan A. Garcia. Pursuant to the order, the Union County Clerk is directed to place Garcia's name on the ballot as a Republican candidate for councilman from the first ward in Elizabeth for the June 6, 2006, election; and the Elizabeth Municipal Clerk is directed to certify Garcia as a candidate for that primary.

The appeal was filed on May 30, 2006, and on that same day appellant filed a motion to accelerate the appeal. The motion was submitted to this court on June 12, 2006, and an order was entered on that day granting the relief requested, which apparently did not include a request for decision prior to the primary election.

Since the order entered below concerned only the primary election of June 6, 2006, which is long past, this case is now moot. Therefore the appeal is dismissed.

Appeal dismissed.

 

(continued)

(continued)

2

A-4936-05T2