On motion to vacate allocatur, modify writ of certiorari, to discharge or modify rule to take depositions.
For the prosecutor, Maurice C. Brigadier.
For the respondent, John Warren, Special Assistant Attorney-General.
Before Justices Case, Donges and Colie.
The opinion of the court was delivered by
COLIE, J. Prosecutor holds a writ of certiorari designed to review his suspension and removal as secretary of the
Hudson County Board of Taxation. He also holds a rule to take depositions to be used on the return of the writ.
The motion is in three parts, the first seeking "an order vacating in whole or in part the allocatur upon the writ of certiorari and for the modification of the writ by deleting therefrom the words 'of a resolution adopted by you dated August 5th, 1942, suspending Harry W. Vanderbach from the office of Secretary of the Hudson County Board of Taxation.'" Respondent urges that since the primary purpose of the writ is to review the propriety of prosecutor's removal, the inclusion of any reference to his suspension renders the writ multifarious. We see no merit in the contention. Prosecutor's suspension on August 5th, 1942, followed by his removal on December 10th, 1942, may be so integrated as to warrant a review of both matters by the same writ. There is no showing that the proposed review of both matters by the single writ would be prejudicial to anyone concerned. The review of a suspension and a removal by the same writ was the procedure followed in Levinson v. Mooney, 128 N.J.L. 569.
The second phase of the motion seeks to add to the allocatur a condition that the depositions be limited to facts arising after the close of the hearings which resulted in prosecutor's removal. The third phase seeks a discharge of the rule to take depositions or, in the alternative, that they be limited as urged in the second phase above mentioned.
A review of the facts leading up to the motions presently before the court is essential to an understanding of the court's disposition thereof.
The notice of motion and affidavits, together with the affidavits and exhibits presented to the court by prosecutor, Harry W. Vanderbach, disclose that the Hudson County Board of Taxation presently consists of Leo Rosenblum, August Ziegener, Michael V. Donovan, John F. Wilkens and Paul E. Doherty. On August 5th, 1942, the Board passed a resolution suspending Harry W. Vanderbach from the office of secretary of the Board. On September 9th, 1942, the Board ...