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N.J. STATE P.B.A. v. MORRISTOWN

124 N.J. Super. 389 (1973)

307 A.2d 129

NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. TOWN OF MORRISTOWN, A MUNICIPAL CORPORATION; ANTHONY CATTANO, MAYOR OF THE TOWN OF MORRISTOWN, A MUNICIPAL CORPORATION; RICHARD C. SMITH, SR., CHIEF OF POLICE OF THE TOWN OF MORRISTOWN, A MUNICIPAL CORPORATION; JOHN MURPHY AND GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 19, 1973.

Attorney(s) appearing for the Case

Mr. Anthony L. Mezzacca for plaintiff (Messrs. Mezzacca, Guida & Maddalena, attorneys).

Mr. Henry M. Hoyt for defendants Town of Morristown, Richard C. Smith, Sr. and John Murphy (Messrs. Hoyt, Jeffers & Weiland, attorneys).

Mr. Morton I. Greenberg, Assistant Attorney General, for defendant State of New Jersey (Mr. George F. Kugler, Jr., Attorney General, attorney; Mr. John M. Van Dalen, Deputy Attorney General, on the brief).

FURMAN, J.S.C.

On motions for judgment on the pleadings (R. 4:6-2) the sole issue is whether defendant Murphy and others 18 years of age are eligible for appointment as municipal police officers. N.J.S.A. 40A:14-127 fixes an age range of 21 to 35 for starting municipal police officers. The Legislature lowered the age of legal majority from 21 to 18, effective January 1, 1973, by L. 1972, c. 81 (N.J.S.A. 9:17B-1 to 3), extending specifically...

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