FULGINITI v. CAPE MAY COUNTY SHERIFF'S DEPT.


199 N.J. Super. 56 (1985)

488 A.2d 250

JOSEPH FULGINITI, PLAINTIFF-RESPONDENT, v. CAPE MAY COUNTY SHERIFF'S DEPARTMENT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1985.


Attorney(s) appearing for the Case

Tuso, Gruccio, Pepper, Giovinazzi & Butler, P.A., attorneys for appellant (Cosmo A. Giovinazzi III, on the brief).

Bernard P. Sypniewski, attorney for respondent, Joseph Fulginiti.

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent Civil Service Commission (James J. Ciancia, Assistant Attorney General, of counsel; Lewis A. Scheindlin, Deputy Attorney General, on the brief).

Before Judges MICHELS, PETRELLA and BAIME.


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

This appeal involves a question of the interpretation of a Civil Service statute granting immunity with respect to testimony elicited in a Civil Service proceeding. The issue is whether that immunity extends not only to criminal proceedings, but to civil matters. Although the statute has been in existence since 1908, we can find no reported decisions in this State interpreting the statute.

The facts...

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