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2 N.J.A.R. 263

Uricoli, Eugene J. v. Police & Firemen's Retirement System of New Jersey, Board of Trustees
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Citation: 2 N.J.A.R. 263
Decision Date: 1980
Agency: POLICE & FIREMEN'S RETIREMENT SYSTEM
Synopsis: Eugene J. Uricoli appealed from a decision of the Board of Trustees, Police and Firemen's Retirement System denying his application for accidental disability retirement on the ground that his criminal conviction rendered his service dishonorable. The administrative law judge found that Uricoli, who served as chief of the Orange Police Department from 1967 to 1975, had been convicted of malfeasance in 1976 for his destruction of a parking ticket issued to the son of a close friend and that this conviction was inconsistent with the requirement of honorable service, which is a condition precedent to the 72 (App. Div. 1975). upon which Uricoil had attempted to rely to sustain his position. The judge determined that, unlike Makwinski, where the Court concluded that the indiscretion involved had been motivated by a concern for the community, Uricoli's action immeasurably harmed the community and the enforcement of the motor vehicle laws had been frustrated for personal concerns. 138 (App. Div. 1963) controlled this case. In Fromm, a police officer was found to be ineligible for his pension based upon a conviction for altering and downgrading traffic tickets. There, the court observed that while moral turpitude could not be defined exactly by rule to fit all cases, it was sufficient that under the facts of the case, the State had been defrauded. The administrative law judge found that in the present case, as in Fromm, the officer's conduct had defeated both even-handed justice for all traffic violations and the enforcement of the motor vehicle laws and was thus inconsistent with honorable service. Accordingly, the judge affirmed the denial of Uricoli's pension application. Malcolm H. Greenberg, Esq., for Petitioner Sharon M. Joyce, Law Assistant, for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney).
Citation Tracker adopted-Bd. of Trustees; affirmed -App. Div., A-4337-79, 3/6/81 (unreported); reversed & remanded-91 N.J. 62 (1982) [Updated through 1991]