Butler v. Amato

The opinion of the court was delivered by

LANDAU, J.A.D.

This case came to us on appeal by plaintiff Larry Butler from summary judgment awarded to defendants Nicholas Amato and the County of Essex in Butler’s action in lieu of prerogative writs challenging the legality of his resignation from the office of Warden of the Essex County Jail. The County’s summary judgment motion followed our decision in Butler v. Amato, 224 N.J.Super. 124, 539 A.2d 1241 (App.Div.1988)1 in which we held that Butler’s 1984 appointment by the then County Executive to fill a vacancy caused by the death of the tenured…