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PADOVANO v. BOROUGH OF EAST NEWARK

747 A.2d 303 (2000)

329 N.J. Super. 204

Captain Michael PADOVANO, Plaintiff-Appellant, v. BOROUGH OF EAST NEWARK, Borough of East Newark Police Department, Kenneth Lindsay, Chief of Police, Defendants-Respondents. East Newark Branch of Harrison Patrolman's Benevolent Association Local 22, and Michael Padovano, Plaintiffs-Respondents, v. Borough of East Newark, Chief of Police and Borough of East Newark Administrator, Kenneth J. Lindsay, Police Commissioner Victor Cerafin, Borough of East Newark Mayor, Joseph Smith, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 2000.

Attorney(s) appearing for the Case

Ronald J. Ricci, Springfield, for plaintiff-appellant in A-3483-98T3 (Fusco & Macaluso, attorneys; Mr. Ricci, of counsel; Mr. Ricci and Anthony J. Fusco, Jr., on the brief).

Stephen J. Edelstein, Florham Park, for defendants-respondents in A-3483-98T3 (Schwartz Simon Edelstein Celso & Kessler, attorneys; Raymond W. Fisher and David M. McCoy, on the brief).

Stephen J. Edelstein, Florham Park, for defendants-appellants in A-4863-98T5 (Schwartz, Simon, Edelstein, Celso & Kessler, attorneys; Mr. Edelstein, of counsel; Raymond W. Fisher and Joseph C. Toris, on the brief).

Jose I. Bastarrika, Passiac, for plaintiffs-respondents in A-4863-98T5 (Fusco & Macaluso, attorneys; Mr. Bastarrika, of counsel and on the brief).

Before Judges STERN, KESTIN and WEFING.

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

These two appeals arise out of the same factual complex and were argued together before us. We thus consolidate them for purposes of this opinion.

I

Michael Padovano (Padovano) served as a member of the East Newark Police Department for more than twenty years; by 1996, he had achieved the rank of captain. In May 1996, he was served with twelve disciplinary charges arising out of an allegation...

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