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McCURRIE v. TOWN OF KEARNY

782 A.2d 919 (2001)

H. Leslie McCURRIE, Joseph Bigelow, Joseph Sloan, Ann Marie Sloan, Diana Salwan, Manuel Salwan, Frank Cardoza, Philip Chidichimo, Carol Jean Doyle, Norman A. Doyle, Jr., Margaret Pidgeon, and Daniel Pidgeon, as taxpayers of the Town of Kearny in name of, for, and on behalf of the Town of Kearny, Plaintiffs-Respondents/Cross-Appellants, v. TOWN OF KEARNY (for discovery purposes and on Third Count), Defendant-Respondent, and Robert M. Czech, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 2001.

Attorney(s) appearing for the Case

Allen Roth argued the cause for appellant (Ruderman & Glickman, attorneys; Robert M. Czech, on the brief).

Norman A. Doyle, Jr., argued the cause for respondents/cross-appellants (Doyle & Brady, attorneys; Mr. Doyle, on the brief).

Respondent Town of Kearny did not file a brief.

Before Judges CUFF, WECKER and WINKELSTEIN.

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

Robert M. Czech held the positions of municipal clerk and administrator for the Town of Kearny for a three-year term to expire on July 17, 1998. At a special meeting of the Town Council (Council) on December 31, 1997 a resolution was passed accepting Czech's resignation from his positions in return for payment to him of $27,500, plus accrued vacation time and other...

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