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MASTROBATTISTA v. ESSEX COUNTY PARK COMMISSION

46 N.J. 138 (1965)

215 A.2d 345

SAMUEL MASTROBATTISTA, PLAINTIFF-APPELLANT, v. ESSEX COUNTY PARK COMMISSION, DEFENDANT-RESPONDENT. FRANK W. MILBAUER, JR., PLAINTIFF-APPELLANT, v. ESSEX COUNTY PARK COMMISSION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 20, 1965.

Attorney(s) appearing for the Case

Mr. Thomas E. Durkin, Jr. argued the cause for the appellants.

Mr. John J. McDonough argued the cause for the respondent (Messrs. Darby & McDonough, attorneys).

Mrs. Marilyn Loftus Schauer, Deputy Attorney General, argued the cause for the Civil Service Commission, amicus curiae (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

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

The appellants Mastrobattista and Milbauer are Essex County Park patrolmen who, after having been suspended and dismissed on departmental charges, were later restored to duty by the Civil Service Commission which found them not guilty. The opinions and orders of the Civil Service Commission made no mention of back pay and although Mastrobattista later requested that the Commission reopen his matter with respect...

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