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MAKWINSKI v. STATE

76 N.J. 87 (1978)

385 A.2d 1227

CHARLES L. MAKWINSKI, PLAINTIFF-APPPELLANT, v. STATE OF NEW JERSEY, BOARD OF COMMISSIONERS, CONSOLIDATED POLICE AND FIREMEN'S PENSION FUND, DIVISION OF PENSIONS, DEPARTMENT OF THE TREASURY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Mr. Steven D. Altman argued the cause for appellant (Messrs. Benedict, Orban and Altman, attorneys).

Ms. Prudence H. Bisbee, Deputy Attorney General argued the cause for respondent (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. William F. Hyland, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by SULLIVAN, J.

The issue presented in this case is whether a police officer, after 33 years of honorable service, forfeits his right to a pension upon conviction for misconduct in office, which occurred in his 34th year of service.

Appellant Charles L. Makwinski was appointed a police officer in the Borough of Carteret on May 1, 1937. In 1959, after 22 years of service, he became the Chief of Police in that community...

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