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COLASANTI v. PENS. COMM. OF EMP. RETIRE. SYSTEM

149 N.J. Super. 215 (1977)

373 A.2d 678

JOHN A. COLASANTI, PLAINTIFF-RESPONDENT, v. PENSION COMMISSION OF THE EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF NEWARK AND EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF NEWARK, NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 1977.

Attorney(s) appearing for the Case

Mr. Louis S. Cohen attorney for appellants.

Messrs. Bianchi and Colasanti, attorneys for respondent (Mr. Anthony T. Colasanti, of counsel and on the brief).

Before Judges BISCHOFF, MORGAN and KING.

PER CURIAM.

Defendant Pension Commission appeals a summary judgment of the trial court in this action in lieu of a prerogative writs awarding plaintiff retiree pension benefits commencing on the effective date of his retirement notwithstanding the fact that he will also be collecting full salary for 89 compensatory days owed to him as of the time of his retirement.

The only question presented by this appeal is whether the accruing of compensatory time off...

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