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D'IPPOLITO v. MAGUIRE

33 N.J. Super. 477 (1955)

111 A.2d 78

S. GRILL D'IPPOLITO, PLAINTIFF-APPELLANT, v. PETER T. MAGUIRE, ACTING DIRECTOR OF PUBLIC SAFETY OF THE CITY OF VINELAND; JOHN C. GITTONE, MAYOR OF THE CITY OF VINELAND; AND CITY COUNCIL OF THE CITY OF VINELAND, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1955.

Attorney(s) appearing for the Case

Mr. Carl Kisselman argued the cause for plaintiff-appellant.

Mr. Lawrence N. Park argued the cause for defendants-respondents (Mr. Philip L. Lipman, attorney).

Before Judges GOLDMANN, FREUND and SCHETTINO.

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

Plaintiff appeals from a final judgment of the Law Division (1) denying his motion for summary judgment and (2) granting defendants' motion for summary judgment and dismissing the complaint with prejudice. Involved here is the right of a municipality to suspend a police officer without pay, pending investigation, the preferring of formal charges and a hearing.

In 1946 the Borough of Vineland adopted...

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