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O'ROURKE v. CITY OF LAMBERTVILLE

No. A-0481-07T3

963 A.2d 339 (2008)

405 N.J. Super. 8

Michael O'ROURKE, Plaintiff-Respondent, v. CITY OF LAMBERTVILLE, a Municipal Corporation of the State of New Jersey; David Delvecchio, Mayor of the City of Lambertville; Steven Stegman, Council President of the City Council of the City of Lambertville; Cynthia Ege, Council Person, City of Lambertville; Ronald Pittore, Councilman, City of Lambertville; Frank Kramer, Councilman, City of Lambertville; and Bruce Cocuzza, Police Director, City of Lambertville, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 2008.

Attorney(s) appearing for the Case

John R. Lanza, Flemington, argued the cause for appellants (Lanza & Lanza, L.L.P., attorneys; Mr. Lanza, of counsel; John E. Lanza, on the brief).

James M. Mets, Woodbridge, argued the cause for respondent (Mets, Schiro & McGovern, L.L.P., attorneys; Mr. Mets, of counsel; Mr. Mets and Brian J. Manetta, on the brief).

Paul L. Kleinbaum, Newark, argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Kleinbaum, of counsel and on the brief).

Before Judges WEFING, PARKER and YANNOTTI.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

Defendants appeal from a final judgment entered by the trial court on August 20, 2007, which reversed a decision by the City Council of the City of Lambertville removing plaintiff from his position as a police officer and ordered plaintiff's reinstatement. Defendants also appeal from an order entered on September 20, 2007, which denied their motion for reconsideration and awarded plaintiff attorneys...

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