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GALLAGHER v. IRVINGTON

190 N.J. Super. 394 (1983)

463 A.2d 969

JOSEPH P. GALLAGHER, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWN OF IRVINGTON, DEFENDANT-RESPONDENT, AND THOMAS J. McGOTTY, DEFENDANT-APPELLANT, AND CIVIL SERVICE COMMISSION, STATE OF NEW JERSEY, AMICUS CURIAE.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1983.

Attorney(s) appearing for the Case

Edward F. Petit-Clair argued the cause for appellant (Petit-Clair & Graves, attorneys; William E. Graves, of counsel and on the brief).

Alan A. Siegel argued the cause for respondent Town of Irvington.

Susan S. Singer argued the cause for respondent Gallagher (Brown, Brown & Furst, attorneys; Susan S. Singer, on the brief).

Mark J. Fleming, Deputy Attorney General, argued the cause for amicus curiae Civil Service Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Mark J. Fleming, on the brief).

Before Judges BOTTER, POLOW and BRODY.

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

The Law Division held that N.J.S.A. 40A:14-9.4 ("§ 9.4") disqualified defendant Thomas McGotty for appointment to the office of fire chief in the Town of Irvington because he was a nonresident who scored below plaintiff, a resident who scored highest on the promotion test. The judge vacated McGotty's appointment in a reported opinion. Gallagher v. Irvington, 184...

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