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FALCONE v. DEFURIA

199 N.J. Super. 549 (1984)

489 A.2d 1260

JOSEPH A. FALCONE, PASSAIC COUNTY PROSECUTOR AND BERNARD TERRANOVA, CHIEF OF POLICE, TOWNSHIP OF LITTLE FALLS, PLAINTIFFS, v. FREDERICK DEFURIA, MAYOR OF THE TOWNSHIP OF LITTLE FALLS AND THE TOWNSHIP COMMITTEE OF LITTLE FALLS, DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Dante P. Mongiardo, Senior Assistant Prosecutor for plaintiffs (Joseph A. Falcone, Passaic County Prosecutor).

James V. Segreto for defendants (Segreto & Segreto, attorneys).

SIMPSON, A.J.S.C.

The question in this case is who has the authority to appoint or assign Little Falls police officers to the Detective Bureau — the Township Committee or the Chief of Police? Plaintiffs, the Passaic County Prosecutor and Chief Bernard Terranova, assert that the Chief has this power pursuant to N.J.S.A. 40A:14-118(c); defendants, Mayor Frederick DeFuria and the Township Committee, contend that by ordinance the governing body of a municipality...

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