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GALLENA v. SCOTT

1 N.J. 430 (1949)

64 A.2d 77

PAUL S. GALLENA, PROSECUTOR-APPELLANT, v. I. GRANT SCOTT, CLERK IN CHANCERY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 14, 1949.

Attorney(s) appearing for the Case

Mr. George Pellettieri argued the cause for prosecutor-appellant.

Mr. Joseph Lanigan, Deputy Attorney General, argued the cause for defendant-respondent (Mr. Walter D. Van Riper, Attorney General, on the brief).

The opinion of the court was delivered by HEHER, J.

On December 5, 1947, the Clerk in Chancery dismissed appellant Gallena from the position of chief clerk in his office for what was conceived to be good cause established at a hearing on specifications of misbehavior held agreeably to R.S. 38:16-1. Appellant's appointment to the position was made pursuant to R.S. 2:2-20. It seems to be conceded that the position was not within the classified civil service...

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