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DEGNAN v. CURCIO

172 N.J. Super. 150 (1980)

411 A.2d 205

JOHN J. DEGNAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER F. CURCIO, DEFENDANT-APPELLANT, AND JOSEPH F. JOB, BERGEN COUNTY SHERIFF, AND STEPHEN CUCCIO, BERGEN COUNTY ADMINISTRATOR, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1980.

Attorney(s) appearing for the Case

Michael P. Ambrosio, argued the cause for appellant (Ambrosio & Ambrosio, attorneys; Gabriel M. Ambrosio on the brief).

M. Kathleen Duncan, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General, attorney; Michael R. Cole, Assistant Attorney General, of counsel).

Before Judges ALLCORN, MORGAN and HORN.

The opinion of the majority was delivered by HORN, J.A.D.

The issue in this case is whether N.J.S.A. 40A:9 108, which provides that "[n]o person shall hold any other civil office during the time he holds and exercises the office of sheriff ..." is applicable to an undersheriff.

The Attorney General, as plaintiff, initiated an action in lieu of prerogative writs in order to secure relief, on the thesis that said statute barred undersheriffs as well as...

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