John REUTER and Bernard Hart, Plaintiffs-Respondents,
v.
The BOROUGH COUNCIL OF the BOROUGH OF FORT LEE, John Orso, individually and as Chief of Police of the Borough of Fort Lee, New Jersey Department of Personnel, Defendants-Respondents, and
Jeremiah J. O'Sullivan, Defendant-Appellant, and
William Peppard, Defendant.
Jeremiah J. O'Sullivan, Plaintiff-Appellant,
v.
Borough of Fort Lee, Mayor and Members of the Fort Lee Borough Council, Thomas R. Tessaro, Defendants-Respondents and
The New Jersey Department of Personnel, Defendant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 14, 2000.
Decided March 1, 2000.
Attorney(s) appearing for the Case
Dennis Calo, Hackensack, for appellant (Calo & Agostino, attorney; Mr. Calo, on the brief).
Dennis J. Oury, Hackensack, for defendant-respondent Mayor Jack Alter and Fort Lee Borough Council members Lawrence Goldberg, Jan Goldberg, Thomas Meyers, and Joan Voss (the Alter respondents) (Oury & Mizdol attorneys; Robert E. Laux, on the brief).
David L. Rosenberg, Somerville, for plaintiffs-respondents John Reuter and Bernard Hart (Klausner, Hunter & Rosenberg, attorneys; Mr. Rosenberg, of counsel and on the brief).
Joseph R. Mariniello, Fort Lee, for defendant-respondent Thomas Tessaro (Mr. Mariniello joins in the brief by the Alter respondents).
Brian M. Chewcaskie, Fort Lee, for defendant-respondent Borough of Fort Lee (Mr. Chewcaskie joins in the brief by the Alter respondents).
Giblin & Giblin, Oradell, for defendant-respondent John Orso, have not filed a brief.
John J. Farmer, Jr., Attorney General of New Jersey, for Department of Personnel, has not filed a brief.
Nowell Amoroso, Hackensack, for Fort Lee Borough Council members Cathy LoFaro, John Criscione and Donald Porrino, have not filed a brief.
Before Judges PETRELLA, CONLEY and COBURN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by CONLEY, J.A.D.
These consolidated matters have been generated by a dispute in 1996 between the Mayor of the Borough of Fort Lee and the then Borough Council over the appointment of promotional positions in the Borough's Police Department. At issue before us are the Council's actions in creating a third position of Deputy Chief and appointing appellant Jeremiah O'Sullivan to that position in September 1996 and, in December...
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