Rinaldi v. Mongiello

Defendant Director of Revenue and Finance dismissed plaintiff as Hoboken City Attorney after a hearing on charges preferred by defendant and plaintiff brings this action in lieu ofcertiorari to review his dismissal.

The parties agreed at the trial and argument that the case was to be decided on the record below with the addition to that record of the ordinance creating the office of City Attorney and defining the City Attorney's powers and duties.

Rule 3:81-13 gives this Court discretionary power to make independent findings of fact and in this case the interests of justice plainly require that…