Sagarese v. Board of Health of Town of Morristown, A--494
| Decision Date | 01 October 1953 |
| Docket Number | No. A--494,A--494 |
| Citation | 99 A.2d 533,27 N.J.Super. 400 |
| Parties | SAGARESE v. BOARD OF HEALTH OF TOWN OF MORRISTOWN et al. . Appellate Division |
| Court | New Jersey Superior Court — Appellate Division |
Harry Kalisch, Newark, for plaintiff-appellant (Michael A. Sagarese, pro se).
John D. Collins, Morristown, for Town of Morristown (Bertram Polow, Morristown, on the brief).
Before Judges CLAPP, GOLDMANN and EWART.
The opinion of the court was delivered by
CLAPP, S.J.A.D.
The plaintiff brought this action against the Board of Health of the Town of Morristown and the Mayor and Board of Aldermen of the Town of Morristown. On motion of the town the action was dismissed as against it, and the plaintiff appeals from the order of dismissal. The suit is still pending as against the board of health.
It is urged that the appeal is improper. We agree, but not for the reasons advanced. If a judgment or order does not finally dispose of the case as to all parties, it is not appealable as a final judgment. Petersen v. Falzarano, 6 N.J. 447, 79 A.2d 50 (1951); McCombs v. Peniston, 22 N.J.Super. 246, 92 A.2d 42 (App.Div.1952); Bartzak v. John W. McGrath Corp., 23 N.J.Super. 301, 92 A.2d 819 (App.Div.1952). Nor is the order here, appealable as an interlocutory order under R.R. 2:2--3.
The appeal will therefore have to be dismissed. However, the matter has been fully gone into by counsel, and it may be of service in the further proceedings below if we pass upon certain questions raised. Plaintiff seeks to recover in part upon the basis of ordinances of the Town of Morristown adopted April 11, 1949 and May 28 1951 establishing the salary range of a plumbing inspector, and also, possibly, upon the basis of other action taken by the town fixing his salary and dealing with automobile expenses, bonuses, salary increases and perhaps services rendered in the revision of the town's plumbing code and the drafting of a new code.
R.S. 26:3--19, N.J.S.A., provides that a local board of health may employ personnel, including plumbing inspectors, and that it 'shall fix the * * * compensation of every appointee.' Any action on the part of the town to fix plaintiff's salary or any other action on its part fixing his compensation or his right to recover for expenses (if the town took any other action) was beyond its power. The mayor and board of aldermen cannot intrude upon the duties given by law to the board of health alone. Similarly it has been held under R.S. 26:3--19, N.J.S.A. that the board of health has the entire authority to appoint a plumbing inspector; the municipality has no such...
To continue reading
Request your trial
-
Grosso v. City of Paterson
...law to the local board of health. Valdes v. Baumann, 131 N.J.L. 43, 34 A.2d 745 (Sup.Ct.1943); Sagarese v. Board of Health of Town of Morristown,27 N.J.Super. 400, 99 A.2d 533 (App.Div.1953); see also Zullo v. Board of Health of Woodbridge Township, 9 N.J. 431, 88 A.2d 625 (1952). So, since......
-
Myers v. Cedar Grove Tp.
...law to the local board of health, Valdes v. Baumann, 131 N.J.L. 43, 34 A.2d 745 (Sup.Ct.1943); Sagarese v. Board of Health of Town of Morristown, 27 N.J.Super. 400, 99 A.2d 533 (App.Div.1953); see also Zullo v. Board of Health of Woodbridge Township, 9 N.J. 431, 88 A.2d 625 (1952). 'So, sin......
-
West Side Trust Co. v. Gascoigne
...practice requirements. In re Opper's Estate, 29 N.J.Super. 520, 527, 103 A.2d 19 (App.Div.1954); Sagarese v. Board of Health, Morristown, 27 N.J.Super. 400, 402, 99 A.2d 533 (App.Div.1953); 9 Rutgers L.Rev. 319. Attention is called to the thoroughly informative discussion of the subject of ......
-
Grosso v. City of Paterson
...4 N.J. 293, 72 A.2d 511 (1950)) and the employment of health personnel. N.J.S.A. 26:3--19; Sagarese v. Board of Health of Town of Morristown, 27 N.J.Super. 400, 402, 99 A.2d 533 (App.Div.1953); cf. Sagarese v. Board of Health of Town of Morristown, 31 N.J.Super. 526, 528, 107 A.2d 351 (Law ......