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BURKE v. TOWNSHIP OF FRANKLIN

261 N.J. Super. 592 (1993)

619 A.2d 643

JAMES M. BURKE, JR., PLAINTIFF-APPELLANT, v. THE TOWNSHIP OF FRANKLIN, JOHN C. LOVELL, INDIVIDUALLY AND IN HIS CAPACITY AS THE TOWNSHIP MANAGER AND POLICE DIRECTOR, AND JOHN BLAZAKIS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1993.

Attorney(s) appearing for the Case

George G. Frino argued the cause for appellant (Mr. Frino, on the brief).

Arlene M. Turinchak argued the cause for respondents (McGimpsey & Cafferty, attorneys; Ms. Turinchak and Thomas J. Cafferty, on the brief).

Before Judges MICHELS and WALLACE.

The Opinion of the Court was delivered by WALLACE, J.S.C. (Temporarily Assigned).

Plaintiff, James M. Burke, appeals from the grant of summary judgment in favor of defendants, Township of Franklin, John C. Lovell and John Blazakis. We must decide whether defendants' police promotional examination procedure was arbitrary and capricious, and whether defendants discriminated against plaintiff based on age.

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