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BOROUGH OF GLASSBORO v. FRATERNAL

A-75 September Term 2007.

960 A.2d 735 (2008)

197 N.J. 1

BOROUGH OF GLASSBORO, Plaintiff-Appellant, v. FRATERNAL ORDER OF POLICE, LODGE NO. 108, in the Matter of Sergeant Peter L. Amico, Defendant-Respondent.

Supreme Court of New Jersey.

Decided November 17, 2008.

Attorney(s) appearing for the Case

William F. Cook, Westmont, argued the cause for appellant (Brown & Connery, attorneys).

Peter H. Demkovitz, Philadelphia, PA, argued the cause for respondent (Markowitz & Richman, attorneys).

Justice LONG delivered the opinion of the Court.

In 2004, the Borough of Glassboro Police Department (Borough) announced an opening for the position of lieutenant. Three candidates applied, including Sergeants Peter Amico and William Highley. As a non-civil service municipality, the Borough is not subject to the statutory requirements of a "comprehensive promotional procedure." Rather, state law requires only that "[d]ue consideration shall be given to the member...

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