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POTENTE v. COUNTY OF HUDSON

900 A.2d 787 (2006)

187 N.J. 103

Joseph POTENTE, Plaintiff-Respondent, v. COUNTY OF HUDSON, Defendant-Appellant, and Carmen Messano, individually and in his capacity as Prosecutor for Hudson County; Robert B. Martin, individually and in his capacity as Chief of Investigations for the Office of the Hudson County Prosecutor, Defendants.

Supreme Court of New Jersey.

Decided June 6, 2006.

Attorney(s) appearing for the Case

Ralph J. Lamparello, Secaucus, argued the cause for appellant (Chasan Leyner & Lamparello, attorneys; Cindy Nan Vogelman, of counsel; John L. Shahdanian II, on the brief).

Bruce D. Leder, Kenilworth, argued the cause for respondent (Cohen, Leder, Montalbano & Grossman, attorneys).

Justice LONG delivered the opinion of the Court.

In 1994, plaintiff, Joseph Potente, after undergoing shoulder surgery, was terminated from his position at the Hudson County Prosecutor's Office for excessive absence without permission. Plaintiff filed a complaint in federal court against the County of Hudson, the Hudson County Prosecutor, and his supervisor. After plaintiff's federal claim was dismissed and pendant jurisdiction was denied, plaintiff filed a Law Against...

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