GALLENA v. SCOTT


4 N.J. Super. 85 (1949)

66 A.2d 453

PAUL S. GALLENA, PROSECUTOR-APPELLANT, v. I. GRANT SCOTT, CLERK IN CHANCERY OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 1949.


Attorney(s) appearing for the Case

Mr. George Pellettieri argued the cause for the prosecutor-appellant.

Mr. Joseph Lanigan (Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney) argued the cause for the defendant-respondent.

Before Judges DONGES, BIGELOW and COLIE.


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

This appeal brings up the dismissal and removal of prosecutor from his position as chief clerk in the office of the Clerk in Chancery. Prosecutor was appointed pursuant to R.S. 2:2-20. The term being unspecified and indefinite it was in the unclassified service pursuant to R.S. 11:4-4(m) and since he was a veteran of World War I, prosecutor could be removed for good cause only, after a fair and...

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