O'HALLORAN v. DeCARLO


156 N.J. Super. 249 (1978)

383 A.2d 769

JAMES T. O'HALLORAN, PLAINTIFF, v. VINCENT DeCARLO; AND PETER M. MOCCO, RALPH AFFUSO, ALPHONSE PINTO, WILLIAM V. DUFFY, AS CONSTITUTING THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF NORTH BERGEN IN THE COUNTY OF HUDSON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 18, 1978.


Attorney(s) appearing for the Case

Mr. Russell V. D'Italia, Assistant Prosecutor, for plaintiff (Mr. James T. O'Halloran, Prosecutor of Hudson County, attorney).

Mr. Gerald D. Miller for defendant Vincent DeCarlo (Messrs. Miller, Hochman, Meyerson and Schaeffer, attorneys).

Mr. Ralph R. Feigelson for defendants Peter M. Mocco, Ralph Affuso, Alphonse Pinto, William V. Duffy, as Constituting the Board of Commissioners of the Township of North Bergen in the County of Hudson.


BILDER, J.S.C.

This is an action in lieu of prerogative writ brought by the Hudson County Prosecutor to remove a North Bergen Police Officer from office pursuant to N.J.S.A. 2A:135-9 — a statute mandating forfeiture of office upon conviction of certain offenses. By order of this court the governing body of North Bergen was added as a party defendant.

On February 8, 1974 Vincent DeCarlo was convicted of conspiring to violate public bidding laws...

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