SMITH v. BD. OF CHOSEN FREEHOLDERS OF BERGEN CTY


139 N.J. Super. 229 (1976)

353 A.2d 153

AMOS SMITH, PLAINTIFF, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BERGEN AND STEPHEN J. CUCCIO, COUNTY ADMINISTRATOR OF THE COUNTY OF BERGEN AND JOHN DOE, TRUE NAME UNKNOWN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 30, 1976.


Attorney(s) appearing for the Case

Mr. Leonard J. Felzenberg for plaintiff (Messrs. Hodes, Felzenberg and Randall, attorneys).

Mr. Leon B. Savetsky, Assistant Bergen County Counsel, for defendants.


LESTER, J.S.C.

I have before me defendant's motion for summary judgment. The facts are not at issue. Plaintiff was summarily dismissed from his employment as a private clerk, public safety education, on February 21, 1975, a position plaintiff had held since January 4, 1970. As a certified exempt fireman, plaintiff asserts that he was entitled to a formal hearing prior to termination, under the provisions of N.J.S.A. 40A:14-60-64. Defendant, however, contends...

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