EDWIN BOYLAN, JOHN E. BUTLER, DOMINIC G. FERLAUTO, THOMAS FITZPATRICK, JOHN W. GARDNER, EDWARD J. GRAY, WILLIAM P. HAYES, JOHN HUSSEY, JAMES N. KARAS, WILLIAM N. LUCK, THOMAS W. MARTIN, WILLIAM R. NIXON, ALBERT J. SHLEEH, PLAINTIFFS-APPELLANTS,
v.
STATE OF NEW JERSEY, CITY OF JERSEY CITY, TOWNSHIP OF IRVINGTON, TOWNSHIP OF MONTCLAIR, CITY OF NEWARK, DEFENDANTS-RESPONDENTS.
WILLIAM J. COMER, FIRE CHIEF OF THE CITY OF PATERSON; KENNETH PETERSON, FIRE CHIEF OF THE CITY OF PASSAIC; GEORGE SBARRA, FIRE CHIEF OF TOWNSHIP OF BELLEVILLE; JAMES HOUN, FIRE CHIEF OF THE CITY OF HOBOKEN, EDWARD WOODS, FIRE CHIEF OF THE CITY OF MARGATE CITY; JOHN W. GARDNER, FIRE CHIEF OF THE TOWNSHIP OF MONTCLAIR; AND, NEW JERSEY PAID FIRE CHIEFS' ASSOCIATION, PLAINTIFFS-APPELLANTS,
v.
THE CITY OF PATERSON, THE CITY OF PASSAIC, THE TOWNSHIP OF BELLEVILLE, THE CITY OF HOBOKEN, THE CITY OF MARGATE CITY, THE TOWNSHIP OF MONTCLAIR AND ALL MUNICIPALITIES OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.
ALEXANDER M. BEATTIE, JR., PLAINTIFF-APPELLANT,
v.
CITY OF CLIFTON, AND THE STATE OF NEW JERSEY, DIV. OF PENSIONS, DEFENDANTS-RESPONDENTS. (A-4833-86T5)
GIOACCHINO FIORENTINO, FIREMENS MUTUAL BENEVOLENT ASSOCIATION — LOCAL 27; DAVID SLAUGHTER; AND CITY OF OCEAN CITY, PLAINTIFFS-APPELLANTS,
v.
NEW JERSEY DEPARTMENT OF THE TREASURY — DIVISION OF PENSIONS; HON. DOUGLAS R. FORRESTER, DIRECTOR OF THE DIVISION OF PENSIONS; AND THE POLICE AND FIREMEN'S RETIREMENT SYSTEM OF NEW JERSEY, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued and Submitted November 2, 1987.
Decided January 20, 1988.
Attorney(s) appearing for the Case
Ernest G. Ianetti argued the cause in A-4578-86T5 for Edwin Boylan, et al (Ernest G. Ianetti on the brief; Brown & Brown, P.C., of counsel).
Patrice M. Connell, Deputy Attorney General, argued the cause for respondents in A-4578-86T5 (Michael R. Clancy, Deputy Attorney General, of counsel; Patrice M. Connell on the brief).
Arnold Steinhaus appeared for Township of Irvington in A-4578-86T5.
Glenn A. Grant, Corporation Counsel, for City of Newark in A-4578-86T5 (Alison Brown Jones, Assistant Corporation Counsel, on the brief).
Schlesinger, Schlosser, Foy & Harrington on letter in lieu of amicus curiae brief on behalf of Firefighters' Association of New Jersey in A-4578-86T5 (Thomas A. Gonzoph on letter in lieu of amicus curiae brief).
Segreto & Segreto, attorneys for appellants William J. Comer, et al in A-5124-86T5 (James V. Segreto of counsel and on the brief).
Ralph L. DeLuccia, Jr. Corporation Counsel, for respondent City of Paterson in A-5124-86T5 (Ralph L. DeLuccia on statement in lieu of brief).
John J. McKniff, attorney for respondent City of Passaic in A-5124-86T5 (John J. McKniff on letter of nonparticipation).
Frank J. Cozzarelli, attorney for respondent Township of Belleville in A-5124-86T5 (Frank J. Cozzarelli on statement in lieu of brief).
Joseph C. Dickinson, attorney for respondent Township of Montclair in A-5124-86T5 (Joseph C. Dickinson on statement in lieu of brief).
Mervyn R. Montgomery attorney for appellant Alexander M. Beattie, Jr. in A-4833-86T5 (Mervyn R. Montgomery on the brief).
Gorman & Goodkin, attorneys for appellants Gioacchino Fiorentino, et al in A-4503-86T5 (Bruce M. Gorman on the brief).
W. Cary Edwards, Attorney General of New Jersey, attorney for respondents in A-5124-86T5, A-4833-86T5 and A-4503-86T5 (Michael R. Clancy, Deputy Attorney General of counsel; Patrice M. Connell, Deputy Attorney General, on the brief).
Before Judges PETRELLA, DREIER and BAIME.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by PETRELLA, P.J.A.D.
The appeals we consider in this opinion involve challenges to the enforcement of early mandatory retirement provisions for law enforcement officers and firefighters who are enrolled in the Police and Firemen's Retirement System (P & FRS) or the Public Employees Retirement System (PERS).1
The facts are not disputed...
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