BALLURIO v. CASTELLINI


29 N.J. Super. 383 (1954)

102 A.2d 662

JAMES L. BALLURIO, PLAINTIFF-APPELLANT, v. ALBERT CASTELLINI, DIRECTOR OF STREETS, ROADS AND PUBLIC PROPERTY OF THE CITY OF VINELAND, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE CITY OF VINELAND, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1954.


Attorney(s) appearing for the Case

Mr. Nathaniel Rogovoy argued the cause for the appellant (Messrs. Greenblatt & Greenblatt, attorneys).

Mr. Lawrence N. Park argued the cause for the respondents (Mr. D. Joseph Novaria, attorney).

Before Judges JAYNE, FRANCIS and SMALLEY.


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

The basic issue presented here is whether an employee in the public service, who has met the statutory conditions as to veteran status, age and length of service, must be retired on pension when he applies therefor even though there are serious charges pending against him at the time, which, if proved, will justify his dismissal from the service.

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