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KENNEY v. EAST BRUNSWICK TP.

172 N.J. Super. 45 (1980)

410 A.2d 713

JOHN KENNEY, FREDERICK LAURIE AND JOHN J. SOKE, JR., PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. TOWNSHIP OF EAST BRUNSWICK, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1980.

Attorney(s) appearing for the Case

J. Alan Aftanski argued the cause for plaintiffs-appellants and cross-respondents (Kolodziej and Cohan, attorneys; J. Alan Aftanski on the briefs).

Bertram E. Busch argued the cause for defendant-respondent and cross-appellant (Busch and Busch, attorneys; Bertram E. Busch, of counsel and on the briefs).

Erminie L. Conley, Assistant Attorney General, argued the constitutionality of the applicable statute, viz., N.J.S.A. 40A:9-5 (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel and on the brief).

Before Judges CRANE, MILMED and KING.

PER CURIAM.

Plaintiffs John Kenney, Frederick Laurie and John J. Soke, Jr., police officers in the East Brunswick Department of Public Safety, sued defendant Township of East Brunswick (township) seeking to recover from it credit (i.e., monies and benefits allegedly due them) for prior service pursuant to N.J.S.A. 40A:9-5. Kenney, who received his appointment with defendant effective September 28, 1970, had previously been employed as a patrolman with...

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