STIERS v. UNION CITY, 41 N.J. 243 (1963)

196 A.2d 5

KENNETH T. STIERS, APPELLANT, v. CITY OF UNION CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, RESPONDENTS.

Supreme Court of New Jersey.Argued November 19, 1963 —
Decided December 16, 1963.

Appeal from the Superior Court, Appellate Division.

Mr. Louis P. Church argued the cause for appellant.

Mr. Archie Usdin argued the cause for respondent City of Union City (Mr. Cyril J. McCauley, attorney).

Miss Marilyn H. Loftus, Deputy Attorney General, argued the cause for respondent Department of Civil Service of the State of New Jersey (Mr. William L. Boyan, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

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The opinion of the court was delivered

PER CURIAM.

Appellant, a policeman, was removed from the force after a hearing upon charges. The Civil Service Commission sustained that action and the Appellate Division affirmed unanimously. Urging that a substantial constitutional issue was involved, appellant appealed to us purportedly as of right. R.R. 1:2-1(a). The municipality answered and simultaneously moved to dismiss. We held the motion pending argument on the appeal.

The alleged constitutional issue is frivolous. The appeal is therefore dismissed. Klotz v. Lee, 21 N.J. 148, 155 (1956). We add that had certification been sought it would have been denied, and hence appellant suffered no loss because of that procedural failure. No costs.

For dismissal — Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.

Opposed — None.

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