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BOR. OF ELMWOOD PARK v. FALLON

128 N.J. Super. 51 (1974)

319 A.2d 72

BOROUGH OF ELMWOOD PARK, FORMERLY BOROUGH OF EAST PATERSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT E. FALLON, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1974.

Attorney(s) appearing for the Case

Mr. Stephen R. Spector argued the cause for appellant (Messrs. Ferrara, Glock & Spector, attorneys).

Mr. Joseph L. Conn argued the cause for respondent (Messrs. Conn & Kluger, attorneys).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for Civil Service Commission (Mr. George F. Kugler, Jr., former Attorney General of New Jersey, and Mrs. Erminie L. Conley, Deputy Attorney General, filed a Statement in lieu of brief).

Before Judges KOLOVSKY, FRITZ and CRANE.

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

After a hearing before the governing body of the borough, respondent Fallon, a police officer, was found guilty on several charges. The penalty imposed was removal from office. Fallon appealed to the Civil Service Commission. Following a hearing before a hearing officer, at which Fallon elected not to testify, the Civil Service Commission found Fallon guilty...

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