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MURPHY v. LUONGO

768 A.2d 814 (2001)

338 N.J. Super. 260

James R. MURPHY, Plaintiff-Respondent, v. Mayor Gerald LUONGO and/or Township Of Washington, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 2001.

Attorney(s) appearing for the Case

Christopher M. Farella, Roseland, argued the cause for appellant, (Genova, Burns & Vernoia, attorneys; Mr. Farella, of counsel and on the brief).

Bruce C. Hasbrouck, Woodbury, argued the cause for respondent, (Hasbrouck & Uliase, attorneys; Mr. Hasbrouck, on the brief).

Porzio, Bromberg & Newman, Morristown, attorneys for amicus curiae New Jersey State Association of Chiefs of Police, (Thomas J. Rattay, on the brief; Vito A. Gagliardi, Jr., of counsel).

Higgins, Long & Bonfiglio, Laurel Springs, attorneys for amicus curiae Township Council of Washington Township, (Howard C. Long, Jr., on the brief).

Before Judges KEEFE, EICHEN and STEINBERG.

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

Defendant Gerald Luongo, who at the time relevant to this appeal was the mayor of the Township of Washington, appeals from the entry of summary judgment holding, in essence, that his appointment of an interim Chief of Police (Interim Chief) was void. The judgment under review has been stayed pending appeal.

The material facts are undisputed. The Township of Washington has a form of government established...

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