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BOROUGH OF FRANKLIN v. SMITH

Docket No. A-2545-19.

247 A.3d 415 (2021)

466 N.J. Super. 487

BOROUGH OF FRANKLIN, Plaintiff-Respondent, v. Jeffrey R. SMITH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2021.

Attorney(s) appearing for the Case

Caruso Smith Picini, PC, attorneys for appellant ( Timothy R. Smith , Fairfield, and Wolodymyr P. Tyshchenko , of counsel; Sara B. Liebman , Elizabeth, on the briefs).

Cleary Giacobbe Alfieri Jacobs, LLC, attorneys for respondent ( Matthew J. Giacobbe , Matawan, of counsel and on the brief; Victoria A. Leblein , on the brief).

Before Judges Sumners, Geiger and Mitterhoff.

The opinion of the court was delivered by

This appeal requires us to determine if a police officer employed in a non-civil service municipality can be subpoenaed to testify in the municipality's case-in-chief at a departmental disciplinary hearing seeking his termination. We conclude the subpoena violates neither fundamental...

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