Roberts v. Goldner

The opinion of the court was delivered by

Sullivan, J.

This is a companion ease to Adams v. Gold ner, decided by us this day. 79 N. J. 78 (1979). Adams involved a suit by a taxpayer which in essence challenged the legality of the promotion appointment of Patrolman John Goldner to the position of sergeant in the Union City Police Department on the ground that no vacancy existed when the appointment was made. In that "case the trial judge had ruled that a vacancy did exist and that the appointment was valid. Judgment had been entered dismissing plaintiff’s suit. On appeal the Appellate Division…