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CITY OF NEWARK v. MASSEY

93 N.J. Super. 317 (1967)

225 A.2d 723

CITY OF NEWARK, APPELLANT, v. HARRY M. MASSEY, AND N.J. CIVIL SERVICE COMMISSION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1967.

Attorney(s) appearing for the Case

Mr. William H. Walls, Assistant Corporation Counsel, argued the cause for appellant (Mr. Norman N. Schiff, Corporation Counsel of the City of Newark, attorney).

Mr. Louis M. Minotti argued the cause for respondent (Messrs. Friedman & D'Alessandro, attorneys).

Mr. Morton Anekstein, Deputy Attorney General, argued the cause for the Civil Service Commission (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

The City of Newark appeals from a final order of the Civil Service Commission which reduced, from removal to suspension for six months, the penalty imposed upon Harry Massey by the Newark police director, and ordered that he was "entitled to back pay unless the appointing authority can present valid basis for a setoff against this claim."

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