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Levinson v. Mooney

Decided: July 9, 1942.

LOUIS E. LEVINSON, PROSECUTOR,
v.
CLARENCE MOONEY, VINCENT P. KEUPER, GEORGE A. SMOCK, 2ND, AND THOMAS H. PRATT, COUNCILMEN OF THE CITY OF ASBURY PARK, WALLACE WASHER, CITY MANAGER OF THE CITY OF ASBURY PARK, AND THE CITY OF ASBURY PARK, A MUNICIPAL CORPORATION IN THE COUNTY OF MONMOUTH, DEFENDANTS



On certiorari.

For the prosecutor, George H. Rosenstein and Samuel S. Ferster.

For the defendants, Joseph F. Mattice and Charles Frankel.

Before Justices Case, Donges and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. The writ of certiorari allowed in this matter brings up a resolution passed by the mayor and council of the City of Asbury Park, suspending prosecutor from the office

of police judge. It also brings up a resolution removing the prosecutor from his office.

Prosecutor was a police judge of the City of Asbury Park, whose term of office would expire July 25th, 1945. On July 4th, 1941, he received a letter from the city manager, ordering him to turn over his office and all records of the court to one Magistrate Benjamin Edelstein. The letter incorporated a resolution passed on July 3d, 1941, in the following language:

"1. 'Be it resolved by the Mayor and Council of the City of Asbury Park that pursuant to the law Benjamin Edelstein be and he is hereby appointed Police Magistrate of the City of Asbury Park at a salary of two thousand dollars, ($2,000) per annum payable on a month to month basis or as required by law.'

"2. 'Whereas complaints have been received relative to the improper conduct of the office of Police Magistrate: Therefore be it resolved that Louis E. Levinson, Police Magistrate of the City of Asbury Park be and he is hereby suspended pending the determination of said complaints.'"

Thereafter, on July 14th, 1941, prosecutor received a letter, again from the city manager, ...


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