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McEVOY v. MAYOR AND COUNCIL OF BOROUGH OF CLIFFSIDE PARK

40 N.J. 600 (1963)

194 A.2d 243

JOHN J. McEVOY, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF CLIFFSIDE PARK, ET AL., DEFENDANTS-RESPONDENTS, AND JOHN GERRITY, ET AL., INTERVENORS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 7, 1963.

Attorney(s) appearing for the Case

Mrs. Sylvia B. Pressler argued the cause for plaintiff-appellant (Messrs. Okin & Pressler, attorneys; Mrs. Pressler, of counsel and on the brief).

Mr. Leon S. Wolk argued the cause for intervenors-respondents (Messrs. Basile, Delchop & Wolk, attorneys; Mr. Wolk, of counsel and on the brief).

No appearance was made or brief filed on behalf of defendants-respondents.

The opinion of the court was delivered

PER CURIAM.

The judgment of the Appellate Division is affirmed for the reasons expressed in the majority opinion of that court. 78 N.J.Super. 534 (1963).

It should be noted, however, that the statement in the opinion that "[p]laintiff could have been retained in service for a specified period of time [after age 65], provided it did not extend beyond his seventieth birthday...

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