Viviani v. Borough of Bogota

I join in Justice Verniero’s dissent. I write separately to address the following concerns: there is little if any difference between abolishing a position and terminating services; even if there is a distinction, the Court today establishes an almost insurmountable obstacle for firefighters; and the legislative intent favors plaintiff.

The Borough of Bogota (Borough) distinguishes between termination of a firefighter when the governing body is “abolishing the position,” which the Borough claims is permissible, and the discharge of a firefighter for the purpose of “terminating] his services,”…