A Morris County Superior Court judge last Friday dismissed without prejudice a retiring Parsippany Police captain's 2011 lawsuit charging the township with not promoting him—but James Carifi's lawyer said he hopes to re-file the motion, perhaps later this week, NJ.com reported.
Carifi attorney Arthur G. Margeotes said Nicholas P. Milewski, who is representing Parsippany-Troy Hills, filed a motion to dismiss Carifi's suit when another attorney, Pat Toscano, was representing the police captain. Margeotes, who used to work with Toscano, left the practice in July, and Carifi switched to Margeotes a month later, the article said.
Margeotes told the publication that said he and Milewski had decided to ask the judge not to rule on dismissal so that they could deal with issues surrounding the case. He said he expected the case to win reinstatement.
Carifi's suit accused Parsippany Police of denying him a promotion in retaliation for being a department whistleblower. Township Attorney John Inglesino said that Carifi, who currently sits on the Parsippany Board of Education, was not eligible for promotion, as he never took the state Civil Service Commission test for deputy chief, his desired position.
Township Attorney John Inglesino said Carifi "has every right" to file to reinstate the suit, but that his case is "absurd."**
Last spring, Carifi became the subject of a Parsippany police internal affairs probe looking into allegations that he "manipulated" data on municipal computers, stole police information—including confidential information about residents not suspected of committing crimes—and transferred police documents to his personal email. The investigation became an issue in the unsuccessful primary election mayoral campaign of Carifi's brother, Councilman Paul Carifi Jr.
**This sentence has been corrected.