MORGAN v. UNION COUNTY


268 N.J. Super. 337 (1993)

633 A.2d 985

ROBERT MORGAN, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. UNION COUNTY BOARD OF CHOSEN FREEHOLDERS; MICHAEL J. LAPOLLA, INDIVIDUALLY; GERALD B. GREEN, INDIVIDUALLY; BRIAN FAHEY, INDIVIDUALLY; JOSEPH SULIGA, INDIVIDUALLY; ADOLPH D. SARRO, DIRECTOR OF DEPT. OF GOVERNMENTAL PROPERTY AND INDIVIDUALLY, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1993.


Attorney(s) appearing for the Case

Linda B. Kenney argued the cause for appellant/cross-respondent (Ansell, Zaro, Bennett, Kenney & Grimm, attorneys; Ms. Kenney, on the brief).

Paul L. Kleinbaum argued the cause for respondents/cross-appellants Union County Board of Chosen Freeholders and Gerald B. Green (Zazzali, Zazzali, Fagella & Nowak, attorneys; Mr. Kleinbaum and Stephen E. Trimboli, of counsel and on the brief; Kathleen M. Connelly, on the brief).

Peter L. Korn argued the cause for respondent/cross-appellant Brian Fahey (McDonough, Korn & Eichhorn, attorneys; Paul L. Kleinbaum and Stephen E. Trimboli, of counsel and on the brief; Kathleen M. Connelly, on the brief; Mr. Korn, of counsel and on the supplemental brief; Anthony M. Tracy, on the supplemental brief).

Bradford Bury argued the cause for respondent/cross-appellant Adolph Sarro (Bury & Associates, attorneys; Paul L. Kleinbaum and Stephen E. Trimboli, of counsel and on the brief; Kathleen M. Connelly, on the brief).

Stephen E. Trimboli argued the cause for respondent/cross-appellant Michael LaPolla (Genova Burns, attorneys; Mr. Trimboli and Paul L. Kleinbaum, of counsel and on the brief; Kathleen M. Connelly, on the brief).

Edward J. Kologi argued the cause for respondent-cross-appellant Joseph Suliga (Mr. Kologi, attorney; Paul L. Kleinbaum and Stephen E. Trimboli, of counsel and on the brief; Kathleen M. Connelly, on the brief).

Before Judges PETRELLA, BAIME and VILLANUEVA.


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

Plaintiff Robert Morgan instituted this action in the Law Division, contending that he was wrongfully terminated from his position as Director of the Union County Division of Buildings and Grounds by reason of his political affiliation. Although plaintiff resigned from his position, he asserted that he had been constructively discharged. Named as defendants were the Union County Board of Chosen Freeholders, Michael...

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