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PELTACK v. BOROUGH OF MANVILLE

Civ. A. No. 81-3645.

547 F.Supp. 770 (1982)

Francis PELTACK, Plaintiff, v. BOROUGH OF MANVILLE, a municipal corporation; William Ferencz, Individually; Dietmar Panzig, Individually; Rudolph Nowak, Individually, Marion B. Dudash, Individually, Kenneth Shulack, Individually, Chester Raczowski, Individually, Jeanne Golden, Individually; and Donald C. Chase, Individually, Defendants.

United States District Court, D. New Jersey,

September 23, 1982.

Attorney(s) appearing for the Case

Edward J. Barone, New Brunswick, N. J., for plaintiff.

Wharton, Stewart & Davis by Francis X. Hermes, Somerville, N. J., for defendant Borough of Manville.

John F. Richardson, Somerville, N. J., for individual defendants.

OPINION

HAROLD A. ACKERMAN, District Judge.

Under New Jersey's criminal code a person holding public office, whether elective or appointive, must forfeit that office upon his or her conviction of an offense "involving or touching such office." N.J.S.A. 2C:51-2 as repealing N.J.S.A. 2A:135-9. That law also provides that "[i]f the conviction be reversed, he shall be restored, if feasible, to his office ... with all the rights, emoluments and salary thereof...

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