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VIVIANI v. BOROUGH OF BOGOTA

790 A.2d 166 (2002)

170 N.J. 452

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

Supreme Court of New Jersey.

Decided February 25, 2002.

Attorney(s) appearing for the Case

Andrew T. Fede, Hackensack, argued the cause for appellant (Contant, Atkins, Rogers, Fede, Keane & Hille, attorneys).

Emil S. Cuccio, Hackensack, argued the cause for respondent (Cuccio and Cuccio, attorneys).

John K. Justin submitted a letter in lieu of brief on behalf of amicus curiae New Jersey State Exempt Fireman's Association, Inc. (Thomas J. Orr, attorney).

Andrew T. Fede submitted a letter brief on behalf of amicus curiae New Jersey State League of Municipalities (Contant, Atkins, Rogers, Fede, Keane & Hille, attorneys).

PER CURIAM.

In a published opinion the Appellate Division concluded that provisions of the Exempt Firemen's Tenure Act, N.J.S.A. 40A:14-60 to -65 (Act), precluded the Borough of Bogota from abolishing plaintiff's position as Assistant Superintendent of the Department of Public Works (DPW) for good faith economic reasons unrelated to plaintiff or the quality of his performance. Viviani v. Borough of Bogota, 336 N.J.Super. 578

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