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VALONIS v. CINNAMINSON TP.

54 N.J. Super. 567 (1959)

149 A.2d 793

JOSEPH P. VALONIS, PLAINTIFF-APPELLANT, v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CINNAMINSON, A MUNICIPAL CORPORATION IN THE COUNTY OF BURLINGTON AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1959.

Attorney(s) appearing for the Case

Mr. C. Zachary Seltzer argued the cause for plaintiff-appellant (Mr. Salvatore J. Avena, attorney).

Mr. Robert W. Criscuolo argued the cause for defendants-respondents (Messrs. Parker, McCay and Criscuolo, attorneys).

Before Judges PRICE, SCHETTINO and GAULKIN.

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

Appeal is taken by plaintiff from the granting of defendant's motion to dismiss proceedings in lieu of prerogative writ for lack of jurisdiction by the Superior Court, Law Division. That court held that plaintiff should have proceeded by appeal to the County Court under N.J.S.A. 40:47-10 and, as plaintiff did not exhaust his remedies by such an appeal, the court lacked jurisdiction. On appeal plaintiff...

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