Michael Greco v. Township of East Windsor

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 25, 2025
DocketA-3233-22
StatusUnpublished

This text of Michael Greco v. Township of East Windsor (Michael Greco v. Township of East Windsor) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Greco v. Township of East Windsor, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3233-22

MICHAEL GRECO,

Plaintiff-Appellant,

v.

TOWNSHIP OF EAST WINDSOR,

Defendant-Respondent. ______________________________

Argued June 4, 2025 – Decided July 25, 2025

Before Judges Marczyk, Paganelli and Torregrossa- O'Connor.

On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-1004-21.

Michael P. DeRose argued the cause for appellant (Crivelli, Barbati & DeRose, LLC, attorneys; Michael P. DeRose, on the briefs).

Ellen M. Horn argued the cause for respondent (Ruderman & Roth, LLC, attorneys; Ellen M. Horn, on the brief).

PER CURIAM Plaintiff Officer Michael Greco appeals from the May 16, 2023 trial court

order affirming, as modified, a hearing officer's findings and recommendation

for his removal. Because we conclude the trial court's decision was not arbitrary,

capricious, or unreasonable and supported by the credible evidence in the record,

we affirm.

On February 7, 2020, Officer Greco, of the East Windsor Township Police

Department (EWPD), was served with a Preliminary Notice of Disciplinary

Action (PNDA). According to the PNDA,

Officer Greco is a patrol officer with the E[WPD] since September 5, 2012. On or about November 11, 2019, at about 5:30 a.m., New Jersey State Police responded to a motor vehicle accident involving Officer Greco in East Amwell, New Jersey. Officer Greco, who was off duty, recklessly operated his personal motor vehicle, ultimately causing his vehicle to collide with a tree. As a result of the accident, Officer Greco suffered injuries including a broken arm. He caused significant damage to his vehicle, among other property damage.

Upon his arrival on the scene, Trooper Z.W. Andren noticed a strong odor of alcohol emanating from Officer Greco's breath and observed physical manifestations of alcohol intoxication. Officer Greco made several untruthful statements to the New Jersey State Police. He told Trooper . . . Andren, among other things, he was not the operator of the vehicle. He relayed that he and a friend were returning from drinking at a bar in New Hope, Pennsylvania; his friend crashed the vehicle and left the scene. Based on the evidence, the New Jersey State Police determined

A-3233-22 2 Officer Greco was the operator and sole occupant of the vehicle.

The New Jersey State Police issued three . . . summonses to Officer Greco: (1) Driving While Intoxicated (N.J.S.A. 39:4-50); (2) Reckless Driving (N.J.S.A. 39:4-96); and (3) Unsafe Lane Change (N.J.S.A. 39:4-88B).

Testing revealed that Officer Greco's blood alcohol content exceeded the legal limit.

Additionally, Officer Greco made untruthful statements regarding the motor vehicle accident to the E[WPD] and failed to timely inform the E[WPD] of the summonses issued by the New Jersey State Police. On November 11, 2019, the day of the accident, Officer Greco informed the E[WPD], specifically, Sergeant Philip Melhorn, he needed to take sick time because he broke his arm in an accident. On or about November 12, 2019, the day after the accident, Officer Greco represented to his direct supervisor, Sergeant Paul Wille, that he was a passenger in the motor vehicle accident. Officer Greco did not inform the E[WPD] that he was the sole occupant of his vehicle, he caused it to strike a tree and he received three summonses issued by [the] New Jersey State Police until November 15, 2019, four . . . days after the accident.

The PNDA alleged that Officer Greco violated the following rules and

regulations of the EWPD:

3.1 Police Officers Shall:

1. Abide by all rules, regulations and department procedures and directives governing police officer employees.

A-3233-22 3 6. Conduct themselves in accordance with high ethical standards, on and off duty.

4.1.3 Obedience to Laws and Rules. Employees shall obey all laws, ordinances, rules, policies, and procedures and directives of the department. . . .

4.1.4 Withholding Information. Employees shall report any information concerning suspected criminal or improper activity of those employed by the E[WPD], and others. . . .

4.3.3 Reports. No employee shall knowingly falsify any official report or enter or cause to be entered any inaccurate, false or improper information on records of the department. . . .

4.7.6 Identification as Police Officer

b. Any officer, while off[-]duty, who has contact with another law enforcement agency in any official capacity, excepting minor motor vehicle infractions, shall notify their Commanding Officer, through the proper chain of command, of the circumstances surrounding said encounter. Such notification shall be made as soon as practical after the contact. . . .

4.12.6 Truthfulness. Employees are required to be truthful at all times whether under oath or not. . . .

6.1.l Employees, regardless of rank, shall be subject to disciplinary action, according to the nature or aggravation of the offense, for:

a. committing an offense punishable under the laws or statutes of the United States, the

A-3233-22 4 State of New Jersey or any other State, or municipal ordinances;

....

II. By engaging in the conduct set forth in the specifications above, Officer Greco is also charged with:

Misconduct, see N.J.S.A. § 40A:14-147; Conduct unbecoming a public employee; Untruthfulness; Other sufficient cause for discipline.

The PNDA advised that "[t]he following disciplinary action may be taken

. . . [r]emoval . . . pending a hearing."

The matter was heard by a hearing officer. The EWPD produced Trooper

Andren, Lieutenant Cory Paieda, Lieutenant Jeffrey Dorrian, Sergeant Melhorn,

and Sergeant Wille. Officer Greco did not testify or summon any witnesses.

In its written memorandum of decision, the hearing officer detailed some

of the testimony. The hearing officer noted that Trooper Andren: (1) described

that "Officer Greco continually asked [him] to look in the trunk of the vehicle.

Located in the trunk of the vehicle was Officer Greco's police hat along with his

patrol bag. Officer Greco eventually advised that he was a member of the

E[WPD]"; (2) "concluded that Officer Greco was the driver of the vehicle

because he did not have any other evidence to indicate that someone else was

A-3233-22 5 driving"; (3) "believed that Officer Greco was being untruthful about being the

passenger in the vehicle"; and (4) stated he served Officer Greco with the

summonses by showing him where they were being placed in Officer Greco's

patrol bag while he was at the hospital.

Further, the hearing officer noted Lieutenant Paieda testified that on

November 16, 2019, he received a phone call from Lieutenant Dorrian.

Lieutenant Dorrian advised that the day prior Officer Greco advised him about

the three summonses "in relation to a single car motor vehicle accident in which

[Officer] Greco was the sole occupant." Lieutenant Paieda "believed, at that

time, that [Officer] Greco . . . was the passenger of the vehicle." In addition,

Lieutenant Paieda met with Lieutenant Eric Lion, who told him that Officer

"Greco advised S[ergean]t . . . Wille . . . that [he] was the passenger of the motor

vehicle." Further, Lieutenant Paieda met with Sergeant Melhorn who advised

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Michael Greco v. Township of East Windsor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-greco-v-township-of-east-windsor-njsuperctappdiv-2025.