NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2391-24
THOMAS J. MCCORMICK,
Plaintiff-Appellant,
v.
THE COUNTY OF SUSSEX and RON TAPPAN, the COUNTY ADMINISTRATOR OF THE COUNTY OF SUSSEX, in his official capacity,
Defendants-Respondents. ___________________________
Argued April 29, 2026 – Decided May 13, 2026
Before Judges Mayer, Gummer, and Vanek.
On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-2507-24.
Ryan Patrick Campi argued the cause for appellant (Graziano & Campi, LLC, attorneys; Kathleen McCormick Campi and Ryan Patrick Campi, of counsel and on the briefs).
Joseph D. Greer argued the cause for respondents (Lavery, Selvaggi, & Cohen, PC, attorneys; James F. Moscagiuri, of counsel and on the brief; Joseph D. Greer, on the brief).
PER CURIAM
In this vacation-leave dispute, plaintiff Thomas J. McCormick appeals
from a January 6, 2025 order denying his summary-judgment motion and
granting the cross-motion of defendants County of Sussex and then County
Administrator Ron Tappan and a March 5, 2025 order denying his
reconsideration motion. Based on our de novo review, we conclude genuine
issues of material fact precluded summary judgment. Accordingly, we affirm
the aspect of the January 6, 2025 order denying plaintiff's summary -judgment
motion and reverse the aspect of the order granting defendants' cross-motion for
summary judgment. We also reverse the March 5, 2025 order denying plaintiff's
reconsideration motion. We remand the case for proceedings consistent with
this opinion.
I.
Plaintiff began his employment with the Sussex County Prosecutor's
Office in 2005. At all times relevant to this case, he served as the Office's Chief
of Detectives. The Sussex County Prosecutor is a constitutional officer. N.J.
Const. art. VII, § 11, ¶ 1 (providing for the appointment of county prosecutors).
A-2391-24 2 Annmarie Taggart was the Acting Sussex County Prosecutor from July 1, 2022,
until December 1, 2023.
In October or November 2023, Taggart and plaintiff began discussing the
cancellation of his planned vacation due to exigent circumstances surrounding
the transition to a new acting county prosecutor and the need for plaintiff to
remain at work during the transition period. Taggart asked plaintiff to cancel
his scheduled vacation. Plaintiff cancelled his vacation plans and submitted to
Taggart a written request to carry forty unused vacation days, consisting of
twenty-one days from 2023 and nineteen days from 2022, over to 2024. Taggart
determined the request was appropriate under the circumstances, approved it,
and signed off on the written request.
On November 30, 2023, Tina Jacobs, the office manager of the
Prosecutor's Office, forwarded Taggart's written approval of the request to six
members of the County Administrator's staff so the vacation-day carryover
could be entered into Primepoint, which is the County's electronic payroll
system. In her cover email, Jacobs confirmed Taggart had approved the request
and told the recipients to let her know if they had any questions or needed
additional information. Neither Tappan nor his staff contacted Taggart about
her approval of plaintiff's request. Plaintiff also had not heard from Tappan or
A-2391-24 3 his staff about the approval of his request. Plaintiff checked Primepoint before
the end of 2023 and saw the carried-over vacation days on the payroll system.
Sometime in early January 2024, plaintiff checked the system again and
noticed that nineteen of the carried-over vacation days were not on Primepoint.
On January 9, 2024, Jacobs emailed Sussex County's Employee Services,
forwarding her prior email with the written approval and again confirming
Taggart had requested plaintiff's "total 2023 vacation hours be transferred to
2024." She stated in the email that "[i]t appear[ed] 152 vacation hours should
be added to [plaintiff's] vacation hours bank." In a January 12, 2024 email,
Debbie Pfunke of Tappan's office indicated she had spoken with Tappan and
asked, "What are the circumstances for this request?" Within minutes, Jacobs
responded: "With the Prosecutor's Office operating under an Acting Prosector
and without a First Assistant Prosecutor, additional responsibilities demand
[plaintiff's] attention and restrict the amount of time he can be away from the
office." Jacobs acknowledged plaintiff had used some vacation days in 2023
and stated, "his responsibilities prevented him from taking additional time."
Tappan was copied on the January 12 emails.
Jacobs followed up in a January 19, 2024 email, asking when plaintiff's
"152 vacation hours w[ould] be added to" the system. Tappan responded that
A-2391-24 4 day, stating: "No extenuating circumstances are . . . emergent, or [involve a]
health issue preventing the employee from taking [v]acation." In a January 22,
2024 email, plaintiff asked Tappan to call him, explaining "[t]here is a medical
reason for the vacation carry over . . . Jacobs is unaware of." Instead of calling,
Tappan emailed plaintiff, stating plaintiff had been "the only employee allowed
to roll over more [than] one years' worth of time" and already had "two years of
time in the bank." Tappan told plaintiff he could not "approve another year in
the face of denying everyone else." In response, plaintiff told Tappan he had
submitted the carryover "request in November because [he] could not take off
because of the change in County Prosecutors. The time was carried over in
January and only now I am told I can't have the time. Clearly I would have taken
it before losing [nineteen] days." Plaintiff represented he had the unused
vacation time "as a result of a[] serious operation and [two] acting County
Prosecutors." In another email, plaintiff asked Tappan for an in-person meeting.
Tappan did not respond.
On April 8, 2024, plaintiff filed a verified complaint in lieu of prerogative
writs, pleading two causes of action. In the first cause of action, plaintiff
asserted he was "an unclassified civil servant not subject to the provisions of"
the Civil Service Act (CSA), N.J.S.A. 11A:1-1 to -12.6, including the vacation-
A-2391-24 5 leave provisions set forth in N.J.S.A. 11A:6. He also contended Tappan, as
County Administrator, had no authority over the County Prosecutor or the
unclassified civil service employees who work for the County Prosecutor and,
thus, had no authority to override the Prosecutor's decisions regarding those
employees. Plaintiff sought a "judgment in the form of an [o]rder in lieu of the
prerogative Writ of Mandamus," directing Tappan, as the County Administrator,
and the employees of the County Administrator's office, "to return . . . the
[nineteen] deleted days to his vacation bank in the Primepoint system . . . ."
(Emphasis omitted). In the second cause of action, plaintiff asserted he also was
entitled to his requested relief pursuant to the doctrine of equitable estoppel.
Defendants answered the complaint. The court sua sponte transferred the case
from the Sussex Vicinage to the Passaic Vicinage.
Plaintiff moved and defendants cross-moved for summary judgment.
Whether the parties completed discovery before filing the motions is not clear
from the record.1 The court heard argument and, on January 6, 2025, entered an
order with an accompanying written decision denying plaintiff's motion,
granting defendants' cross-motion, and dismissing the complaint with prejudice.
1 Contrary to Rule 1:6-2(a), the parties' respective notice of motion and notice of cross-motion did not set forth "the discovery end date or a statement that no such date has been assigned." A-2391-24 6 The court's decision was premised on its finding that the Acting County
Prosecutor "d[id] not have the authority to allow [p]laintiff to carry over more
than one year's worth of vacation time from 2023 to 2024."
Accepting defendants' disputed assertions, the court found "all employees
who are not deemed 'Constitutional Officers' or 'Undersheriffs' have their
vacation time determined by the Sussex County Employee Handbook and " the
Preliminary Final Memorandum of Agreement Pending Ratification Between
the Sussex County Board of County Commissioners and Communication
Workers of America, AFL-CIO Local 1032 Non-Supervisory Unit (CWA
Agreement). The court adopted defendants' disputed assertions that plaintiff
was employed by Sussex County, not the Sussex County Prosecutor as plaintiff
contended; had "adhered to" the vacation policies set forth in the CWA
Agreement during his entire employment; and was entitled annually to twenty-
one vacation days under the CWA Agreement. The court also accepted
defendants' disputed assertions about plaintiff's prior carryover of vacation days
and other employees never having been granted approval to carryover vacation
days.
The court held that "when . . . performing administrative duties related to
payroll and vacation days," the Acting County Prosecutor "is acting as a county
A-2391-24 7 employee" and "[a]s a county employee, [she] is therefore bound by county
policies and procedures." Referencing the Sussex County Handbook and the
CWA Agreement, the court held the Acting County Prosecutor did not have the
authority to permit plaintiff to carry over more than one year's worth of vacation
time. The court did not address the equitable-estoppel claim pleaded in
plaintiff's second cause of action.
Plaintiff moved for reconsideration. After hearing argument on March 5,
2025, the court placed a decision on the record and entered an order denying the
motion. In its oral decision, the court recognized plaintiff was "not a member
of the collective bargaining agreement and he's not bound specifically by the
collective bargaining agreement," presumably meaning the CWA Agreement.
The court found the undisputed facts established plaintiff's status as an
"unclassified employee, meaning he's not covered by Title 11. He's not in civil
service." The court again concluded plaintiff was a county employee and
deemed plaintiff's vacation-carryover request "not a budget issue" but part of
the Acting Prosecutor's "administrative duties." Based on the Sussex County
Employee Handbook and "past practice," the court again found the Acting
County Prosecutor lacked authority to authorize the carryover of "more than
[twenty-one] days into 2024."
A-2391-24 8 The court expressly rejected plaintiff's estoppel argument based on its
finding of the Acting County Prosecutor's lack of authority and because "there's
been no past practice that [plaintiff] could say he relied upon . . . other than the
one time which was because of the COVID emergency." In rendering that
finding, the court apparently adopted defendants' disputed assertions about
plaintiff's prior carryover of vacation days.
This appeal followed.
II.
We review a trial court's order on summary judgment de novo and apply
the same standard used by the trial court. Boyle v. Huff, 257 N.J. 468, 477
(2024). "In ruling on a summary judgment motion, a court does not 'weigh the
evidence and determine the truth of the matter'; it only 'determine[s] whether
there is a genuine issue for trial.'" C.V. ex rel. C.V. v. Waterford Twp. Bd. of
Educ., 255 N.J. 289, 305-06 (2023) (alteration in original) (quoting Rios v. Meda
Pharm., Inc., 247 N.J. 1, 13 (2021)).
Summary judgment is proper only if the record demonstrates "no genuine
issue as to any material fact challenged and that the moving party is entitled to
a judgment or order as a matter of law." Friedman v. Martinez, 242 N.J. 449,
471-72 (2020) (quoting R. 4:46-2(c)). "To decide whether a genuine issue of
A-2391-24 9 material fact exists, the trial court must 'draw[] all legitimate inferences from
the facts in favor of the non-moving party.'" Id. at 472 (alteration in original)
(quoting Globe Motor Co. v. Igdalev, 225 N.J. 469, 480 (2016)). A court should
grant summary judgment "[o]nly 'when the evidence is so one-sided that one
party must prevail as a matter of law . . . .'" Petro-Lubricant Testing Labs., Inc.
v. Adelman, 233 N.J. 236, 257 (2018) (quoting Brill v. Guardian Life Ins. Co.
of Am., 142 N.J. 520, 540 (1995)) (internal quotation marks omitted).
We review a trial court's order on a reconsideration motion under an
abuse-of-discretion standard. Branch v. Cream-O-Land Dairy, 244 N.J. 567,
582 (2021).
Given the existence of genuine issues of material fact, the court
misstepped in adopting defendants' factual contentions and in granting
defendants summary judgment. We address first the court's reliance on the
CWA Agreement. It is undisputed plaintiff was not a member of the
Communications Workers of America union and, thus, was not subject to the
CWA Agreement. Whether he nevertheless followed the provisions of the CWA
Agreement during his employment was disputed by the parties. Given that
genuine issue of material fact, the court should not have relied on the CWA
Agreement in granting defendants' cross-motion for summary judgment.
A-2391-24 10 More broadly, the parties disagree about the identity of plaintiff's
employer and other aspects of his employment. That disagreement matters
because it impacts who had authority to make decisions about the terms and
conditions of his employment, including whether he could carry over vacation
days. Despite the parties' differences and without a clear basis in law or fact,
the court adopted defendants' factual assertions.
The County Detectives and County Investigators Act (Act), N.J.S.A.
2A:157-1 to -23, governs the employment of county detectives and
investigators. See Cooper v. Imbriani, 63 N.J. 535, 536 (1973); N.J.S.A.
2A:157-2 (establishing position of county detective); N.J.S.A. 2A:157-10
(establishing position of county investigator). "Although the powers and
obligations of both offices are identical, investigators [are] expressly excluded
from the classified civil service." Zamboni v. Stamler, 199 N.J. Super. 378, 385
(App. Div. 1985); see also N.J.S.A. 2A:157-10 (county investigators "shall be
in the unclassified service of the civil service"); N.J.S.A. 2A:157-2 (county
detectives "shall be in the classified service of the civil service").
Pursuant to N.J.S.A. 2A:157-2, a county prosecutor has "the authority to
appoint detectives to assist 'in the detection, apprehension, arrest and conviction'
of offenders." Zamboni, 199 N.J. Super. at 379 (quoting N.J.S.A. 2A:157-2).
A-2391-24 11 "Members of the detective staff are in the classified civil service and their
appointment and promotion are rigidly controlled by both statutory and
regulatory provisions." Id. at 379-80. The county prosecutor may designate one
of the appointed county detectives as "chief of county detectives." N.J.S.A.
2A:157-3 to -9.
Pursuant to N.J.S.A. 2A:157-10, the county prosecutor has the authority
"to appoint investigators whose statutory functions are identical with those of
the detectives. However, investigators are not in the classified civil service.
Rather, they serve at the prosecutor's pleasure and 'are subject to removal by
[the prosecutor]' for any reason and at any time." Zamboni, 199 N.J. Super. at
380 (quoting N.J.S.A. 2A:157-10). "[A] county investigator [is] employed by
the county prosecutor . . . ." N.J.S.A. 2A:157-10.1. N.J.S.A. 2A:157-10.1
references the position of "chief investigator." "[T]he plain legislative purpose
was to provide the prosecutor with 'a confidential investigatory staff serving at
his [or her] pleasure and removable at his [or her] will . . . .'" Zamboni, 199 N.J.
Super. at 385 (omission in original) (quoting Brennan v. Byrne, 31 N.J. 333, 336
(1960)).
According to plaintiff, "[t]he office of Chief of Detectives is the position
of county investigator" and, thus, "is in the unclassified service of the civil
A-2391-24 12 service," consistent with N.J.S.A. 2A:157-10. He makes that assertion despite
the provisions of N.J.S.A. 2A:157-3 to -9 regarding the appointment of a "chief
of county detectives" from the ranks of the county detectives, who, pursuant to
N.J.S.A. 2A:157-2, fall within "the classified service of the civil service." He
also asserts the Chief of Detectives "serves at the pleasure of the Prosecutor"
and "is not subject to or governed by the provisions of [the CSA]." He certified
he was "employed by the Sussex County Prosecutor, which is entirely different
from being an employee of the County itself."
Defendants dispute all but one of those assertions. They agree plaintiff
was "unclassified" but contend he was an employee of Sussex County and that
vacation policies for all Sussex County employees, except constitutional officers
and undersheriffs, are determined by the CWA Agreement, which limits the
carryover of vacation time to "[a] maximum of one year's allotment."
Considering defendants' cross-motion for summary judgment, the court
had an obligation to view the facts in a light most favorable to plaintiff. See
Comprehensive Neurosurgical, P.C. v. Valley Hosp., 257 N.J. 33, 73 (2024)
(holding a court must "[l]ook[] at the facts in the light most favorable" to non-
moving party when deciding a summary-judgment motion). With that view, a
reasonable factfinder could conclude, despite the provisions of N.J.S.A. 2A:157-
A-2391-24 13 3 to -9, the position of Chief of Detectives in Sussex County is equivalent to the
position of county investigator and, thus, the Chief of Detectives is employed
by the County Prosecutor and not the County, falls within "the unclassified
service of the civil service" pursuant to N.J.S.A. 2A:157-10, and, consequently,
is not subject to the vacation policies set forth in the CSA, the CWA Agreement,
or the Sussex County Employee Handbook. Given the parties' genuine disputes
regarding fundamental aspects of plaintiff's employment, the court erred in
adopting defendants' factual assertions and granting summary judgment in their
favor.
Genuine issues of material fact also rendered inappropriate the court's
rejection of plaintiff's equitable-estoppel claim in its reconsideration decision.
"Estoppel is an equitable doctrine, founded in the fundamental duty of fair
dealing imposed by law." Knorr v. Smeal, 178 N.J. 169, 178 (2003) (quoting
Casamasino v. City of Jersey City, 158 N.J. 333, 354 (1999)). "The doctrine is
designed to prevent injustice by not permitting a party to repudiate a course of
action on which another party has relied to his detriment." Ibid. "[T]o establish
equitable estoppel, plaintiff[] must show that defendant[s] engaged in conduct,
either intentionally or under circumstances that induced reliance, and that
A-2391-24 14 plaintiff[] acted or changed [his] position to [his] detriment." Ibid.; see also
Hirsch v. Amper Fin. Servs., LLC, 215 N.J. 174, 189 (2013) (same).
"As a general rule, 'the doctrine of [e]quitable estoppel is rarely invoked
against a governmental entity.'" In re Protest by El Sol Contracting & Constr.
Corp., 260 N.J. 362, 379 (2025) (alteration in original) (quoting Meyers v. State
Health Benefits Comm'n, 256 N.J. 94, 100 (2023)) (internal quotation marks
omitted). However, the doctrine "will be applied in the appropriate
circumstances unless the application would 'prejudice essential governmental
functions.'" Middletown Twp. Policemen's Benevolent Ass'n Local No. 124 v.
Twp. of Middletown, 162 N.J. 361, 367 (2000) (quoting Wood v. Borough of
Wildwood Crest, 319 N.J. Super. 650, 656 (App. Div. 1999)) (internal quotation
marks omitted). The doctrine "'may be invoked' against a governmental entity
'where interests of justice, morality and common fairness clearly dictate that
course.'" Seago v. Bd. of Trs., 257 N.J. 381, 395 (2024) (quoting Middletown
Twp. Policemen's Benevolent Ass'n Local No. 124, 162 N.J. at 367).
If, as defendants contend and the court held in its summary-judgment
decision, the Acting County Prosecutor was "acting as a county employee" when
she approved the carryover of plaintiff's vacation time, plaintiff has met the first
element of an equitable-estoppel claim. The parties do not dispute plaintiff
A-2391-24 15 relied on that approval: plaintiff canceled his vacation plans and worked during
the transition period as requested by the Acting County Prosecutor, with the
understanding he could carry over his unused vacation days. "[E]quitable
considerations are relevant in evaluating the propriety of conduct taken after
substantial reliance by those whose interests are affected by subsequent actions
. . . [in order] to avoid wrong or injury ensuing from reasonable reliance upon
such conduct." Ibid. (alterations and omission in original) (quoting Skulski v.
Nolan, 68 N.J. 179, 198 (1975)) (internal quotation marks omitted).
The parties disputed the reasonableness of that reliance. Defendants
contended plaintiff's reliance was not reasonable given "past practice,"
specifically that no other employee had been allowed to carry over vacation days
and plaintiff had been allowed to do so only once due to the COVID-19
pandemic. Plaintiff disputed defendants' factual assertions about "past
practice," explaining in a certification that other employees had been allowed to
carry over vacation days and the prior approval of his carryover of vacation days
was not related to the COVD-19 pandemic. Given those genuine disputes of
material fact and plaintiff's assertion he had relied to his detriment on the Acting
County Prosecutor's approval of his carryover request by forgoing his vacation,
A-2391-24 16 the court erred in rejecting plaintiff's equitable-estoppel claim in deciding the
parties' motion and cross-motion for summary judgment.
In sum, we affirm the aspect of the January 6, 2025 order denying
plaintiff's summary-judgment motion, reverse the aspect of the order granting
defendants' cross-motion for summary judgment, and reverse the March 5, 2025
order denying plaintiff's reconsideration motion. We remand the case for
proceedings consistent with this opinion. As noted, we cannot determine from
the record whether the parties completed discovery. On remand, the court within
its discretion may determine whether the parties should conduct additional
discovery in an effort to resolve their factual disputes.
Affirmed in part; reversed in part; and remanded for proceedings
consistent with this opinion. We do not retain jurisdiction.
A-2391-24 17