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MELCHIONNE v. CITY OF NEWARK

34 N.J. 16 (1961)

166 A.2d 761

LUKE MELCHIONNE (AND EIGHT OTHERS), APPELLANTS-RESPONDENTS, v. CITY OF NEWARK, ETC., ET AL., RESPONDENTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided January 10, 1961.

Attorney(s) appearing for the Case

Mr. William L. Boyan, Deputy Attorney General, argued the cause for appellant Department of Civil Service (Mr. David D. Furman, Attorney General, attorney; Mr. William L. Boyan, Deputy Attorney General, of counsel).

Mr. Thomas M. Kane argued the cause for appellant City of Newark (Mr. Vincent P. Torppey, attorney; Mr. Thomas M. Kane, of counsel; Mr. Joseph A. Ward, on the brief).

Mr. Benjamin H. Chodash argued the cause for respondents (Messrs. Krieger & Chodash, attorneys; Mr. Benjamin H. Chodash, of counsel; Mr. Seymour Margulies, on the brief).

Mr. Martin S. Fox, attorney for Essex Council No. 1, New Jersey Civil Service Association, filed a brief amicus curiae (Mr. David I. Fox, on the brief).

The opinion was delivered PER CURIAM.

The question here is whether plaintiffs have tenure under the Civil Service Act, N.J.S.A. 11:1-1 et seq., in the positions of "foreman, parks and trees." The Department of Civil Service held they did not and hence approved their "demotion" to "laborer-driver." The Appellate Division reversed. 60 N.J.Super. 104 (1960). Both the Department and the City of Newark appeal, asserting...

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