TOWNSHIP OF MADISON v. FIORE


112 N.J. Super. 23 (1970)

270 A.2d 293

THE TOWNSHIP OF MADISON, IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE FIORE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1970.


Attorney(s) appearing for the Case

Mr. Leonard Finkelstein argued the cause for appellant (Mr. Jonathan M. Heilbrunn, on the brief; Messrs. Heilbrunn & Heilbrunn, attorneys).

Mr. Richard F. Plechner argued the cause for respondent.

Before Judges SULLIVAN, LABRECQUE and GAULKIN.


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

On February 21, 1966 the municipal manager of Madison Township appointed defendant Fiore tax assessor of the township, without stating what the length of his term was to be. The township is a Plan E Faulkner Act municipality (N.J.S.A. 40:69A-114.1 et seq.). On February 11, 1970 the municipal manager dismissed Fiore, claiming that N.J.S.A.

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