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VIVIANI v. BOROUGH OF BOGOTA

765 A.2d 1064 (2001)

336 N.J. Super. 578

Donald G. VIVIANI, Plaintiff-Respondent, v. BOROUGH OF BOGOTA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2001.

Attorney(s) appearing for the Case

Contant, Scherby & Atkins, Hackensack, attorneys for appellants (Andrew T. Fede, of counsel and on the brief).

Cuccio & Cuccio, Hackensack, attorneys for respondent (Emil S. Cuccio, on the brief).

Thomas J. Orr, Burlington, attorney for the Amicus Curiae, New Jersey State Exempt Firemen's Association, Inc. (John Justin, on the brief).

Before Judges WALLACE, Jr., CARCHMAN and LINTNER.

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

The central issue raised by this appeal is whether the provisions of the Exempt Firemen's Tenure Act, N.J.S.A. 40A:14-60 to -65 (the Act), prevents a municipality from a good faith elimination of a position, held by an employee occupying exempt fireman status, for valid cost reduction reasons. Judge Harris held that N.J.S.A. 40A:14-65 prevents municipalities...

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