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MALONE v. FENDER

158 N.J. Super. 190 (1978)

385 A.2d 929

ROBERT MALONE, LOUIS POSTEL AND BARTHOLOMEW BEVINS, PLAINTIFFS-RESPONDENTS, v. JAMES L. FENDER, JOSEPH H. CAPASSO, ROBERT J. OLDKNOW, JOSEPH A. STUART, MICHAEL C. STOIA, THOMAS H. MAGEEAN, WILLIAM R. CONN, GEORGE J. FLANAGAN, EMIL J. NIGRO, RAYMOND J. HERMANN, WARREN B. WILSON, JOHN A. ROBERTS, WILLIAM G. SCHALK, WILLIAM DOUGAN, JAMES MALCOLM, JAMES HERON, GEORGE J. HARRIS, THEODORE J. DURANTE, FRANCIS X. LYNCH, FRANCIS J. MEYERS, JOHN L. PALMER, JOSEPH McMILLAN AND DANIEL TAYLOR, INTERVENORS-APPELLANTS, v. CIVIL SERVICE COMMISSION, DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1978.

Supplemental Opinion Filed June 13, 1978.

Attorney(s) appearing for the Case

Messrs. Schechner and Targan, attorneys for the appellants (Mr. Edward Weisslitz, of counsel and on the brief).

Messrs. Fox and Fox, attorneys for plaintiffs-respondents (Mr. Richard H. Greenstein on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for the respondent Civil Service Commission (Mr. William F. Hyland, former Attorney General of New Jersey, and Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Henry D. Blinder, Deputy Attorney General, on the brief).

Before Judges FRITZ, BOTTER and ARD.

The opinion of the court was delivered by ARD, J.A.D.

This is an appeal from a final determination of the Civil Service Commission extending the eligibility list for the position of Fire Captain, Town of Kearny, New Jersey, for a period of one year, until October 30, 1977. The basic question to be resolved is whether N.J.S.A. 11:22-32, which establishes the term of eligibility for those certified for promotion in local service, allows the Commission, through...

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