Mayor Dawn Zimmer cast the fifth and deciding vote Wednesday night to appoint Jim Doyle to the vacant At-Large seat on the Hoboken City Council.
But Doyle will not be taking a chair at the dais just yet. The matter is going back to Hudson County Assignment Judge Peter Bariso for a final ruling.
Council members Peter Cunningham, Jennifer Giattino, David Mello and Ravinder Bhalla voted to appoint Doyle. Councilwoman Theresa Castellano and Councilman Tim Occhipinti voted no, and Councilwoman Beth Mason and Councilman Michael Russo abstained.
The abstentions counted as two "no" votes as opposed to to "non-votes," according to the city's corporation counsel Melissa Longo. Zimmer was called in to break the tie.
In November, Judge Bariso ruled that five votes were required to appoint a new council member.
"It is what it is," said Councilman Occhipinti, a member of the council minory that appealed Doyle's appointment. "Let's just proceed here, but I haven't seen a deadlocked council here. The city's moved forward."
If the court approves the vote, Doyle will serve out the remainder of former council woman Carol Marsh's term until December 31, 2013.
Councilman David Mello lauded Doyle's appointment, citing his brief experience on the council before he was removed from the seat in November.
"I think Mr. Doyle isthe most appropriate person to take her [Carol Marsh's] place, not only because he served very well in that capacity, but I think a lot of her priorities and the things she wanted to achieve will be very much echoed by Mr. Doyle," Mello said.
Doyle will not be sworn in until the court approves the vote, and it is not yet clear when Judge Bariso will review the matter.