McEvoy v. Mayor of Cliffside Park

The opinion of the court was delivered

The judgment of the Appellate Division is

affirmed for the reasons expressed in the majority opinion of that court. 78 N. J. Super. 534 (1963).

It should be noted, however, that the statement in the opinion that “[p]laintiff could have been retained in service for a specified period of time [after age 65], provided it did not extend beyond his seventieth birthday” (78 N. J. Super., at p. 539) is not necessary to the decision. Plaintiff’s retention here was “for an indefinite period,” which the Appellate Division properly held to mean that the borough could…