Gallagher v. Mayor of Irvington

BAIME, J. S. C.

(temporarily assigned).

This case presents novel questions pertaining to the construction of N.J.S.A. 40A:14.....9.4. That statute confers a preference with respect to a resident who achieves “the same final average score” as a nonresident in a promotional examination for appointment to a position in a municipal fire department. More specifically, the statute provides that a resident must be appointed in the event his test score equals that of a nonresident. At issue is whether dual residency satisfies the statutory requisite. Also in dispute is whether a resident whose test…