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Durkin v. Ellenstein

Decided: July 26, 1941.

THOMAS E. DURKIN, PROSECUTOR,
v.
MEYER C. ELLENSTEIN, MAYOR, ET AL., DEFENDANTS



On writ of certiorari.

For the prosecutor, Warren Dixon, Jr.

For the defendants, James F. X. O'Brien and Joseph A. Ward.

Before Justices Parker, Donges and Colie.

Donges

The opinion of the court was delivered by

DONGES, J. Prosecutor is a policeman of the City of Newark. On December 2d, 1940, he was suspended by the chief of police. In the order of suspension, signed by the chief of police, it was stated: "You will be given an opportunity to be heard before the Director of Public Safety in your own defense, and such hearing will be given you within thirty days from said date of suspension." In this order it was stated that prosecutor was suspended for "Violation of Rule 4, of Discipline -- Willful disobedience of orders." On December 7th, 1940, a notice was served on prosecutor in the following language:

"Patrolman Thomas E. Durkin, Third Precinct.

Sir:

You are hereby required to appear before Hon. John A. Brady, Assistant Supervisor, Department of Public Safety, on Friday, December 13th, 1940, at 2:00 o'clock P.M., in Room 205, City Hall, to answer the enclosed charge.

If you have any witnesses in your behalf bring them with you.

By order of Mayor Meyer C. Ellenstein, through Assistant Supervisor John A. Brady.

(Signed) SAMUEL B. FINKLESTEIN, Administrative Clerk."

Prosecutor obtained this writ of certiorari to review the power of Brady to try him on the charge of ...


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