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D'ELIA v. JERSEY CITY

57 N.J. Super. 466 (1959)

155 A.2d 13

GEORGE F. D'ELIA, PLAINTIFF-RESPONDENT, v. CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND JAMES A. TUMULTY, JR., CLERK OF THE CITY OF JERSEY CITY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1959.

Attorney(s) appearing for the Case

Mr. Michael H. Hochman argued the cause for plaintiff-respondent (Mr. Abraham Miller, attorney).

Mr. Meyer Pesin argued the cause for defendants-appellants (Mr. Ezra L. Nolan, Corporation Counsel of the City of Jersey City, attorney).

Before Judges CONFORD, FOLEY and MINTZ.

The opinion of the court was delivered by FOLEY, J.A.D.

The defendant appeals from a judgment of the Law Division granting plaintiff back pay for a period during which he was under suspension from defendant's service. The case was tried on a stipulation of facts of which the following are pertinent to this appeal. On August 15, 1952 plaintiff was appointed to the position of welfare investigator at an annual salary of $3,120. His services in this capacity were terminated...

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