EXECUTIVE COM'N v. BYRNE


238 N.J. Super. 84 (1990)

569 A.2d 264

NEW JERSEY EXECUTIVE COMMISSION ON ETHICAL STANDARDS, PLAINTIFF-APPELLANT, v. EUGENE J. BYRNE, ESQ., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 1990.


Attorney(s) appearing for the Case

Todd A. Wigder, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General, attorney, Michael R. Clancy, Assistant Attorney General, of counsel, and Todd A. Wigder on the brief).

Thomas R. Farley argued the cause for respondent (Farley, Isles & Codey, attorneys, Thomas R. Farley, on the brief).

Before Judges DEIGHAN, R.S. COHEN and BROCHIN.


The opinion of the court was delivered by R.S. COHEN, J.A.D.

Defendant Eugene Byrne, a Regulatory Officer employed by the Board of Public Utilities (BPU), received a subpoena to appear before an investigator of the New Jersey Executive Commission on Ethical Standards (ECES). He declined to appear, and ECES applied to the Law Division to enforce the subpoena. R. 1:9-6(b). The Law Division denied the application and quashed the subpoena. ECES appealed. We affirm...

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