Mulligan v. Wilson

CourtNew Jersey Superior Court – Appellate Division
Writing for the CourtCOLLESTER
Citation264 A.2d 745,110 N.J.Super. 167
PartiesThomas MULLIGAN, Appellant, v. E. Norman WILSON, Director of Law and Public Safety, City of Hoboken, a Municipal Corporaiton, Civil Service Commission, State of New Jersey, and Department of Civil Service, State of New Jersey, Respondents.
Decision Date01 May 1970

Page 167

110 N.J.Super. 167
264 A.2d 745
Thomas MULLIGAN, Appellant,
v.
E. Norman WILSON, Director of Law and Public Safety, City of
Hoboken, a Municipal Corporaiton, Civil Service Commission,
State of New Jersey, and Department of Civil Service, State
of New Jersey, Respondents.
Superior Court of New Jersey,
Appellate Division.
Argued April 6, 1970.
Decided May 1, 1970.

Page 169

[264 A.2d 746] Mitchell Melnikoff, Orange, for appellant (Lee A. Holley, Orange, attorney).

Philip S. Carchman, Deputy Atty. Gen., for respondents, Civil Service Commission and Department of Civil Service (Arthur J. Sills, Atty. Gen., attorney).

No one appeared on behalf of respondent E. Norman Wilson, Director of Law and Public Safety, City of Hoboken.

Before Judges CONFORD, COLLESTER and KOLOVSKY.

The opinion of the court was delivered by

COLLESTER, J.A.D.

Thomas Mulligan appeals from an administrative decision of the Department of Civil Service (Department) refusing to certify him as eligible for appointment as a police officer of the City of Hoboken.

Page 170

On April 26, 1968 the Department announced that a competitive examination for the position of patrolman in the police department of the City of Hoboken would be held on June 8. On May 13 appellant filed his application to take the examination. Because Mulligan was unable to comply with the minimum height requirement of 5 7 prescribed by the Department the Director of Law of Hoboken notified the Department that the city was willing to accept him for appointment even though he was one inch short of the height requirements. On June 12 the Department notified the Director that at the time of the examination Mulligan's height was 5 5.1 (nearly two inches short); that it was not its policy to consider waivers for deficiencies of this magnitude, and that it would not waive the minimum height requirement. Thereafter the Department notified appellant it would not consider him as a candidate for the position under Civil Service Rule 26, now N.J.A.C. 4:18--14(b)(1). Appellant brought an action in the Chancery Division challenging the ruling and the court transferred the case to this court for review pursuant to R.R. 4:88--8, now R. 2:2--3.

Appellant's first point is that there is no statutory authority for the height limitation imposed and that absent a specific delegation of power by the Legislature the Department had no authority to prescribe such a requirement. He further argues that rules and regulations adopted by the Department also do not provide for such a height requirement. We are satisfied that appellant reads the Civil Service Act and the rules...

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5 practice notes
  • Smith v. Troyan, Nos. 73-2226
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 3, 1975
    ...Castro v. Beecher, 459 F.2d 725, 734 (1st Cir. 1972), Arnold v. Ballard, 390 F.Supp. 723, 738 (N.D.Ohio 1975), and Mulligan v. Wilson, 110 N.J.Super. 167, 264 A.2d 745 (1970). Still other courts have found it unnecessary to decide the legality of certain height requirements. See, e. g., Pon......
  • Kaprow v. Board of Educ. of Berkeley Tp.
    • United States
    • United States State Supreme Court (New Jersey)
    • April 8, 1993
    ...an administrative agency should be construed so as to permit the fullest accomplishment of the legislative intent." Mulligan v. Wilson, 110 N.J.Super. 167, 171, 264 A.2d 745 (App.Div.1970); see New Jersey Guild of Hearing Aid Dispensers v. Long, 75 N.J. 544, 561, 384 A.2d 795 (1978); Cammar......
  • Kohler v. Barnes
    • United States
    • Superior Court of New Jersey
    • March 1, 1973
    ...v. State, et al., 115 N.J.Super. 348, 351, 279 A.2d 872 (App.Div.), certif. den. 59 N.J. 273, 281 A.2d 535 (1971); Mulligan v. Wilson, 110 N.J.Super. 167, 172--173, 264 A.2d 745 (App.Div. The qualifications for appointment to an industrial commission set forth in N.J.S.A. 40:55B--5, whether......
  • Kaprow v. Board of Educ. of Berkeley Tp.
    • United States
    • Superior Court of New Jersey
    • March 25, 1992
    ...an administrative agency should be construed so as to permit the fullest accomplishment of the legislative intent. Mulligan v. Wilson, 110 N.J.Super. 167, 171, 264 A.2d 745 (App.Div.1970). The grant of authority to an administrative agency is to be liberally construed to enable the agency [......
  • Request a trial to view additional results
5 cases
  • Smith v. Troyan, Nos. 73-2226
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 3, 1975
    ...Castro v. Beecher, 459 F.2d 725, 734 (1st Cir. 1972), Arnold v. Ballard, 390 F.Supp. 723, 738 (N.D.Ohio 1975), and Mulligan v. Wilson, 110 N.J.Super. 167, 264 A.2d 745 (1970). Still other courts have found it unnecessary to decide the legality of certain height requirements. See, e. g., Pon......
  • Kaprow v. Board of Educ. of Berkeley Tp.
    • United States
    • United States State Supreme Court (New Jersey)
    • April 8, 1993
    ...an administrative agency should be construed so as to permit the fullest accomplishment of the legislative intent." Mulligan v. Wilson, 110 N.J.Super. 167, 171, 264 A.2d 745 (App.Div.1970); see New Jersey Guild of Hearing Aid Dispensers v. Long, 75 N.J. 544, 561, 384 A.2d 795 (1978); Cammar......
  • Kohler v. Barnes
    • United States
    • Superior Court of New Jersey
    • March 1, 1973
    ...v. State, et al., 115 N.J.Super. 348, 351, 279 A.2d 872 (App.Div.), certif. den. 59 N.J. 273, 281 A.2d 535 (1971); Mulligan v. Wilson, 110 N.J.Super. 167, 172--173, 264 A.2d 745 (App.Div. The qualifications for appointment to an industrial commission set forth in N.J.S.A. 40:55B--5, whether......
  • Kaprow v. Board of Educ. of Berkeley Tp.
    • United States
    • Superior Court of New Jersey
    • March 25, 1992
    ...an administrative agency should be construed so as to permit the fullest accomplishment of the legislative intent. Mulligan v. Wilson, 110 N.J.Super. 167, 171, 264 A.2d 745 (App.Div.1970). The grant of authority to an administrative agency is to be liberally construed to enable the agency [......
  • Request a trial to view additional results

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