Wednesday, February 6, 2013

Should he "stay" or should he go? Councilman-in-waiting on the bubble

By the time the City Council meets, a decision on the Mason-Russo hydra's emergency appeal yesterday to stay the appointment of Councilman-in-waiting Jim Doyle may be in the offing.

Will the all but reappointed councilman "stay" or not?

MSV will keep you tuned with the best ongoing coverage on the issue!

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6:55 PM
STAYED!

A single member of the NJ Appellate Court has agreed to stay (hold) the legal decision by Assignment Judge Peter Bariso to allow the appointment of Jim Doyle.

The "hold" on the appointment puts Hoboken and Jim Doyle in limbo status.

One local lawyer not on the case believes the one judge placing a "hold" for the moment means that the full panel of three member NJ Appellate Court could hear the appeal on the stay in an expedited hearing before the next City Council meeting.  That judge may have decided to side with caution and allow the majority (two additional) appellate panel of judges hear the arguments on the stay.

Jim Doyle is away on vacation this week and wouldn't have been sworn in tonight even if the emergency appeal had not been granted.

Update: It's unclear if the stay was given by one or two members of the panel. If it was two members of the appellate court, the results could be disastrous for Hoboken as a deadlocked 4-4 City Council would put the City budget among any other matters requiring five votes in a dire situation.

As close observers well know, MORTe loves to sabotage Hoboken and is unlikely to avoid causing maximum harm if the council appointment is tied up in appeals for months.

An appeal is understood for the moment headed to an expedited hearing of the full three member NJ Appellate Court.  MSV will clarify.



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The meeting agenda: http://www.hobokennj.org/docs/council/agenda13/ccm_02-06-13.pdf