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CITY OF NEWARK v. BELLEZZA

159 N.J. Super. 123 (1978)

387 A.2d 378

CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. ANTHONY BELLEZZA, JR., ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Mr. Thomas W. Matthews, Assistant Corporation Counsel, argued the cause for appellant (Mr. Milton A. Buck, Corporation Counsel, attorney).

Mr. Ernest A. Barbaris argued the cause for respondent Bellezza (Messrs. Barbaris & Skripek, attorneys, Mr. Joseph P. Skripek on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent Civil Service Commission, filed statement in lieu of brief.

Before Judges LYNCH, KOLE and PETRELLA.

The opinion of the court was delivered by PETRELLA, J.S.C. (temporarily assigned).

The City of Newark appeals a determination by the Civil Service Commission adopting the findings and determinations of a hearing officer requiring the reinstatement of respondent Anthony Bellezza, Jr. as a Newark patrolman and awarding him back pay (less amounts received as pay in other employment as mitigation of damages) and counsel...

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