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FITZPATRICK v. CIVIL SERVICE COM.

91 N.J. Super. 535 (1966)

221 A.2d 749

THOMAS FITZPATRICK, EDWARD HLUB AND JOHN BOSZE, PLAINTIFFS-APPELLANTS, v. CIVIL SERVICE COMMISSION, DEFENDANT-RESPONDENT, AND STANLEY SZYBA, ANDREW PROSS, ANDREW CALVANER, JOHN KAHORA, JOSEPH MUSCO, FRANCIS LARKIN, STEPHEN KUNAK, CLARENCE SHERIDAN AND RALPH WHITE, INTERVENING CODEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1966.

Attorney(s) appearing for the Case

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

Mr. Roger H. McGlynn argued the cause for intervening-respondents (Messrs. McGlynn, Stein & Eberiel, attorneys).

Mrs. Marilyn Loftus Schauer, Deputy Attorney General, filed a statement in lieu of brief for respondent Civil Service Commission (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GOLDMANN, FOLEY and COLLESTER.

PER CURIAM.

Plaintiffs, three police officers of the Borough of Carteret, appeal from a decision of the Civil Service Commission which upheld the borough's action in promoting ten police officers without calling for a competitive examination. The ten men involved intervened in the proceedings as co-defendants.

The material facts are as follows. On December 20, 1956 the outgoing governing body of the borough adopted an ordinance increasing the size of its police...

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