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DeLARMI v. BOROUGH OF FORT LEE

132 N.J. Super. 501 (1975)

334 A.2d 349

FRANK DeLARMI AND JEREMIAH DUGGAN, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF FORT LEE, NEW JERSEY: BURT ROSS, AS MAYOR OF THE BOROUGH OF FORT LEE, NEW JERSEY; JEFFREY KLEINER, AS POLICE COMMISSIONER OF THE BOROUGH OF FORT LEE, NEW JERSEY; ARTHUR DALTON, AS THE ACTING CHIEF OF POLICE OF THE BOROUGH OF FORT LEE, NEW JERSEY; JAMES J. MULCARE, AS BOROUGH ADMINISTRATOR OF THE BOROUGH OF FORT LEE, NEW JERSEY; CAROL KOHOUT, AS BOROUGH CLERK OF THE BOROUGH OF FORT LEE, NEW JERSEY; THE CIVIL SERVICE COMMISSION AND THE DIRECTOR OF THE CIVIL SERVICE COMMISSION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1975.

Attorney(s) appearing for the Case

Mr. Herbert S. Siegal of the New York Bar, pro hac vice, argued the cause for appellant (Mr. Donald R. Conway, attorney; Mr. Timothy J. Sullivan on the brief).

Mr. Armand Pohan argued the cause for respondents Borough of Fort Lee, Burt Ross, Jeffrey Kleiner, Arthur Dalton, James J. Mulcare and Carol Kohout (Messrs. McCarter and English, attorneys).

Mr. John F. Shoosmith, Jr., Deputy Attorney General, argued the cause for respondents Civil Service Commission and its Director (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Theodore A. Winard, Assistant Attorney General, of counsel).

Before Judges LORA, HANDLER and TARLETON.

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

Plaintiffs appeal from a dismissal of their complaint in lieu of prerogative writs which sought to compel defendants to appoint them as permanent policemen in the Borough of Fort Lee.

Effective December 13, 1971 plaintiff Frank DeLarmi was given a temporary appointment as a patrolman in the Borough of Fort Lee under the Emergency Employment Act of 1971 (hereinafter E.E.A.), 42 U.S.C.A. § 4871...

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