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Murphy v. Town of West New York

Decided: July 14, 1943.

FRANCIS D. MURPHY, PROSECUTOR,
v.
TOWN OF WEST NEW YORK ET AL., DEFENDANTS



On writ of certiorari.

For the prosecutor, Anthony J. Armore.

For the defendants, Irwin Rubenstein and Isadore Glauberman.

Before Justices Case, Donges and Colie.

Donges

The opinion of the court was delivered by

DONGES, J. The writ in this case brings up for review a resolution of the Board of Commissioners of the Town of West New York creating an emergency appropriation in the sum of $10,000 and authorizing the issuance of an emergency note in that amount.

Motions are made by the defendants to dismiss the writ for failure to serve papers within time and to suppress a part of the state of the case. We deem that the matters complained of in the motions are immaterial and not of sufficient moment to preclude a determination of the meritorious questions which are fully covered in the briefs. The motions, therefore, are denied.

The resolution in question recites in part:

"Whereas, an emergency has arisen with respect to litigation in connection with funds on deposit in the closed New Jersey Title Guarantee & Trust Company, * * *

"1. Now, therefore, be it resolved, that an emergency appropriation be and the same is hereby made pursuant to R.S. 40:2-31 (1) in the total amount of $10,000."

R.S. 40:2-31(1) authorizes the making of emergency appropriations in certain cases and requires that, in case of such action, "The governing body shall, by resolution adopted by two-thirds vote of all the members, declare that an emergency exists requiring a supplementary appropriation. The resolution shall be in the form and content prescribed by the State Board, and shall set out the nature of the emergency in full."

Prosecutor, a citizen and taxpayer of the municipality, contends that the resolution is invalid because (1) it does not declare that an emergency exists requiring an emergency appropriation, (2) it does not set out the nature of ...


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