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Armore v. Town of West New York

Decided: January 26, 1938.

ANTHONY J. ARMORE, PROSECUTOR-APPELLANT,
v.
THE TOWN OF WEST NEW YORK, IN THE COUNTY OF HUDSON; JOSEPH STILE, ANDREW BEST, HARRY J. HEINZ, LEO E. HONORE, MICHAEL N. TAGLIARENI, BOARD OF COMMISSIONERS OF SAID TOWN, AND JOHN ROONEY, CHIEF OF POLICE OF SAID TOWN, IT AND THEIR SUBORDINATES AND AGENTS, DEFENDANTS-RESPONDENTS



On appeal from the Supreme Court.

For the prosecutor-appellant, Nicholas S. Schloeder.

For the defendants-respondents, Irwin Rubenstein (Leo Blumberg, of counsel).

Trenchard

The opinion of the court was delivered by

TRENCHARD, J. On July 24th, 1937, the Supreme Court dismissed a writ of certiorari obtained by Anthony J. Armore, the prosecutor herein, bringing up for review a resolution of the board of commissioners of the town of West New York, adopted June 29th, 1937, rescinding a resolution adopted January 14th, 1936, and the prosecutor appeals.

The resolution of June 29th, 1937, reads as follows:

"Whereas, by resolution dated the 14th day of January,

1936, Anthony J. Armore, was appointed Recorder of the Town of West New York; Be it resolved, that said resolution is hereby rescinded and that for the purposes of economy he is hereby discharged and relieved of his duties. This resolution to take effect immediately."

The respondents contended below, and contend here, that the prosecutor's term of office had expired May 21st, 1937, and we think rightly.

It appeared that the town of West New York is governed by a board of commissioners, pursuant to the terms of the Commission Government act, known as the "Walsh act." Furthermore, the town of West New York is a town in the State of New Jersey, and as such has applicable to it "An act for the formation, establishment and government of towns" (Pamph. L. 1895, p. 218; Comp. Stat. 1910, p. 5518), and the supplements thereto and the amendments thereof. It is clear from a reading of that act, particularly sections 325, 327 and 351, that the office of recorder was provided for in towns incorporated under the act, and that the term of the recorder, as stated in section 351 (Comp. Stat., p. 5526), is two years. The wording of the statute is as follows: "That the recorder shall hold office for two years."

It is therefore clear under that statute, without more, appointments of recorders by any town pursuant to the Town act, are necessarily for a term of two years. Winne v. Casale, 99 N.J.L. 345; affirmed, 100 Id. 291. See, also, Cafiero v. Peterson, 103 Id. 220; Salter v. Burk, 83 Id. 152.

But our attention is directed to the first paragraphs of chapter 187 of the laws of 1921, page 503, and chapter 260 of the laws of 1927, page 480. The ...


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