The following are excerpts from a 1998 letter by two attorneys
hired by Scotch Plains to examine business and legal dealings by
Acting Gov. Donald T. DiFrancesco.
At the time, DiFrancesco was the town's attorney and involved in
several business projects in Scotch Plains. Those deals included
one real estate deal where the property was foreclosed and involved
developer K. Hovnanian. The letter was obtained by The New York
Times and posted on its Web site Tuesday.
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"No attorney can serve two masters. If Mr. DiFrancesco felt the
need to act on behalf of his mother's estate or to support other
family members in their attempt to overturn the foreclosure
judgment, he should have immediately tendered his resignation."
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"Mr. DiFrancesco advanced his own position and ignored his
client's. Mr. DiFrancesco's acceptance of the money and failure to
advise council of same was an egregious ethical breach. The reason
for the payment from Hovnanian to Mr. DiFrancesco is obvious. The
payment was made at a time when Hovnanian had an interest in three
separate parcels in Scotch Plains, two of which were before land
use boards."
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"Mr. DiFrancesco must be told to resign immediately as township
attorney. If he refuses to do so, it is our opinion that he must be
discharged by the council. His actions are clearly improper and in
violation of RPC 1.7. The entire matter as outlined above presents
an egregious appearance of impropriety."
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