Ruling in appointments dispute favors mayor BY PATRICIA A. MILLER Staff Writer BRICK TOWNSHIP - Mayor Daniel J. Kelly will not have to testify in a deposition over municipal appointments he contested earlier this year in a lawsuit, at least for now. Superior Court Judge Frank A. Buczynski quashed a subpoena last week that would have required Kelly, Democratic municipal chairman Michael Blandina and former Township Attorney Charles Starkey to be deposed, said Sal Martino, an attorney from the Toms River firm of Secare, Delanoy, Martino and Ryan. Kelly, a Democrat, said he had no problem attending a deposition, but was advised by his attorney Steven Secare that it would not be necessary. "The mayor is not refusing to testify," Kelly said. "He is listening to the advice of his counsel, who says it's totally unnecessary. This whole deposition thing is another means to slow the process down. I listen to my attorney. I don't listen to Mr. Gilmore and Mr. Carbone." Buczynski denied the motion filed by John A. Carbone, the attorney who represents members of the Township Council, that would have mandated the three be deposed. "I argued that the issue in the case is a very straightforward issue," Martino said. The suit's sole question is whether Township Clerk Virginia Lampman, who was appointed acting mayor by former Mayor Joseph C. Scarpelli on Dec. 6, had the legal right to make mayoral appointments at the New Year's Day organization meeting. Kelly and his attorneys contend she did not. The appointments violated the state Municipal Vacancy law, the suit states. "There was no statutory authority to appoint her, and if the court rules in our favor, it's a pure matter of public record what happened. So there was no reason to waste time with depositions," Martino said. Scarpelli's resignation became effective on Dec. 8. That's when Lampman's rights as acting mayor ceased, according to the suit. "If that's the case, where was Charlie Starkey?" Republican council President Stephen C. Acropolis said. "What advice did he give the council?" Acropolis said the case was now "back to square one." "It's unfortunately costing the taxpayers more money," Acropolis said. "We've asked Dan Kelly to drop this silly lawsuit. This can all go away tomorrow if Dan Kelly drops his suit. They are playing politics with the appointments." Secare's firm is representing Kelly for free. The Township Council hired Carbone's firm to represent the council and the firm of Florio Perrucci Steinhardt & Fader to represent Lampman and the rest of those named in the suit. The contracts are not to exceed $17,500 apiece. Buczynski scheduled a pretrial conference on the matter at 1:30 p.m. on April 13. Scarpelli pleaded guilty to accepting bribes from an unnamed developer on Jan. 8. Council members selected Kelly to serve as his replacement on Jan. 4, three days after the professional appointments were made.