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Cetrulo v. Byrne

Decided: April 10, 1959.

DON A. CETRULO, PLAINTIFF,
v.
BRENDAN T. BYRNE, DEPUTY ATTORNEY GENERAL, ACTING PROSECUTOR, ESSEX COUNTY, DAVID D. FURMAN, ATTORNEY GENERAL, JOSEPH P. LORDI, DEPUTY ATTORNEY GENERAL AND THE BOARD OF CHOSEN FREEHOLDERS OF ESSEX COUNTY, A BODY POLITIC OF NEW JERSEY AND THE COUNTY OF ESSEX, DEFENDANTS



Civil action in lieu of prerogative writs.

Coolahan, J.s.c.

Coolahan

The plaintiff, Don A. Cetrulo, filed a complaint in lieu of prerogative writs naming as defendants Brendan T. Byrne, Deputy Attorney General and Acting Prosecutor, Essex County; David D. Furman, Attorney General; Joseph P. Lordi, Deputy Attorney General, the Board of Chosen Freeholders of the County of Essex, and the County of Essex, wherein he alleged that he had, on the 28th day of June, 1956, been appointed to the position of legal assistant prosecutor by a resolution adopted on said day by the Board of Chosen Freeholders of the County of Essex, which said resolution read as follows:

"RESOLVED, upon the recommendation of the Personnel and Civil Service Committee, that Don A. Cetrulo is hereby appointed to the position of Legal Assistant Prosecutor at the salary range heretofore fixed for said position, to commence at the minimum salary of $5,040.00 per annum effective July 16, 1956, to serve until further action of this Board."

That thereafter he qualified and performed the duties of his said employment until February 13, 1959 when he was notified by the Deputy Attorney General, Brendan T. Byrne, who had been appointed to administer the office of the prosecutor following the resignation of Prosecutor Charles Webb, that his duties in the said position of legal assistant prosecutor would be terminated on February 16, 1959.

It is the contention of the plaintiff in this action that he is an honorably discharged veteran of the United States Army Air Force and that he is therefore by virtue of the

provisions of the Veteran's Tenure Act, N.J.S.A. 38:16-1, entitled to tenure as a legal assistant prosecutor. He further alleged that a new appointee, Deputy Attorney General Joseph P. Lordi, had reported for work in his place and stead. By virtue of his action he seeks:

(a) That the action of the Deputy Attorney General Brendan T. Byrne be declared null and void.

(b) That he be declared entitled to tenure as legal assistant prosecutor pursuant to the provisions of the Veteran's Tenure Act.

(c) That pending a determination of the issues in this cause the Board of Chosen Freeholders of the County of Essex and the Attorney General of the State of New Jersey and the Deputy Attorney General, be enjoined from interfering with him in the discharge of his duties as a legal assistant prosecutor.

(d) That Joseph P. Lordi, Deputy Attorney General, be removed from his position or office of ...


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