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259 N.J. Super. 327

613 A.2d 485

Geraghty v. Berkeley Heights Tp.

New Jersey Superior Court Appellate Division · decided 1992-06-10

Cited by 8 later decisions — most recently April 2003

2 district · 6 state decisions

Relies on Rova Farms Resort, Inc. v. Investors Insurance Co. of America · 259 N.J. Super. 350 - Geraghty v. Berkeley Heights Tp.

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-10

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THOMAS J. GERAGHTY, JR., PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
THE TOWNSHIP OF BERKELEY HEIGHTS, JEFFREY W. MACCARELLI, DANIEL W. SEIB, JR., LILLIAN J. WEISGERBER AND ALBERT J. BOYANCE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

¶1Superior Court of New Jersey, Appellate Division.

Submitted May 20, 1992.
Decided June 10, 1992.

¶2Before Judges GAULKIN, BRODY and MUIR, Jr.

¶3Thomas J. Geraghty, Jr., pro se.

¶4Savage and Serio, attorneys for Township of Berkeley Heights (Thomas J. Savage, of counsel).

¶5Joseph P. Depa, Jr., attorney for Jeffrey W. Maccarelli, Daniel W. Seib, Jr., Lillian J. Weisgerber and Albert J. Boyance.

¶6PER CURIAM.

¶7Substantially for the reasons expressed by Judge Beglin in his opinion reported at 259 N.J. Super. 350, 613 A.2d 497 (Law Div. 1990), we affirm his rulings that (1) plaintiff Thomas J. Geraghty, Jr. had achieved tenure as Township treasurer prior to September 2, 1988, (2) the Township nevertheless could lawfully combine the office of treasurer with that of tax collector for bona fide reasons of efficiency and economy and (3) defendant was entitled to a plenary hearing to determine the propriety of the municipal action merging the two offices.

¶8At the conclusion of the hearing thus ordered, Judge Beglin found that Geraghty's termination and the merger of the treasurer and tax collector offices "were all done in furtherance of legitimate governmental policy and procedure ... to achieve greater efficiency ... and, secondarily, to achieve some economy." Those findings are amply supported by the record; there *328 is no warrant for our interference. Rova Farms Resort, Inc. v. Investors Ins. Co.,65 N.J. 474, 483-484, 323 A.2d 495 (1974).

¶9The judgment dismissing the complaint is accordingly affirmed.

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