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BUTLER v. AMATO

224 N.J. Super. 124 (1988)

539 A.2d 1241

LARRY BUTLER, PLAINTIFF-APPELLANT, v. NICHOLAS AMATO, COUNTY EXECUTIVE OF ESSEX COUNTY, AND COUNTY OF ESSEX, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1988.

Attorney(s) appearing for the Case

Ronald C. Hunt argued the cause for appellant (Ashley and Charles, attorneys; Thomas R. Ashley, of counsel and on the brief).

Lucille LaCosta-Davino, Assistant County Counsel, argued the cause for respondents (H. Curtis Meanor, Acting Essex County Counsel, attorney; Lucille LaCosta-Davino, on the brief).

Before Judges PRESSLER, BILDER and MUIR.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This controversy requires us to determine the term of office of a county jail warden appointed to fill a vacancy caused by the death of a tenured incumbent. The issue is whether the appointment is for a new three-year term pursuant to N.J.S.A. 30:8-15 or for the extrapolated balance of his predecessor's term. The trial judge concluded that the appointment is for the "balance" of the predecessor's...

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