Palisades Park council members appeal judge's ruling on filling vacant seat

Kristie Cattafi, NorthJersey.com
·2 min read

PALISADES PARK — Borough Council members will appeal a judge's ruling on a vacant council seat that was ultimately filled by the town's Democratic County Committee.

Attorney Matthew J. Giacobbe, representing council President Cynthia Pirrera and members Stephanie Jang and Jae Park, started the appeals process on Friday, March 3, and was granted a stay by the state Superior Court Appellate Division.

Hearings will now take place this week to determine whether a full appeal will proceed.

A council vacancy was created when Democratic Councilman Chong "Paul" Kim won a mayoral election in November 2022. The center of the legal battle is who was allowed to make the final decision on the vacancy, the Democratic County Committee or three members of the council, due to the timing of when the seat opened.

Palisades Park councilwoman Cyndy Pirrera walks back to her seat after threatening to leave during a borough council meeting on Monday, May 23, 2022.
Palisades Park councilwoman Cyndy Pirrera walks back to her seat after threatening to leave during a borough council meeting on Monday, May 23, 2022.

State Superior Court Judge Peter Geiger ruled for the committee just hours before last week's Monday night Borough Council meeting.

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Suk Min, the resident whom the Palisades Park Democratic County Committee selected to fill the vacant seat, took his seat last week after the judge's ruling.

"We disagree with the trial judge's decision, and in order to preserve our legal rights we made an emergency application to the appellate court," Giacobbe said.

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Pirrera, Jang and Park believe that Andy Min, a former councilman and the person they selected and swore in during a Jan. 31 council meeting, is the rightful councilman for the vacancy.

They believe the Democratic County Committee's actions are void because a letter submitting the three names for consideration was dated Dec. 28, 2022, before Kim officially resigned from his council seat. Based on timelines and advice from the special counsel on Jan. 31, they voted and swore in Andy Min, who was not on the list of recommendations to fill the seat.

Palisades Park councilman Paul Kim speaks during a borough council meeting on Monday, May 23, 2022.
Palisades Park councilman Paul Kim speaks during a borough council meeting on Monday, May 23, 2022.

Scott Salmon of Jardim, Meisner & Susser, the attorney representing Mayor Kim, Councilman Jason Kim, Councilman Michael Vietri and the Democratic County Committee of Palisades Park said last week's court ruling was a "complete and total victory."

"We’re confident that the Appellate Division will uphold Judge Geiger’s clear decision that Suk Min is the rightful councilperson in Palisades Park," Salmon said.

This article originally appeared on NorthJersey.com: Palisades Park council members appeal judge's ruling on council seat