1. Home
  2. Browse Decisions
  3. N.J.
  4. 160 N.J.
  5. 160 N.J. Super. 221 (1978)
 

MALONE v. FENDER

160 N.J. Super. 221 (1978)

389 A.2d 504

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 June 13, 1978.

Attorney(s) appearing for the Case

Messrs. Schechner and Targan, attorneys for 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.

SUPPLEMENTAL OPINION

Because of the Commission's past practices and N.J.A.C. 4:1-11.6, we are mindful of the instability that would ensue if this decision were applied retroactively. Therefore, we direct that it be applied prospectively only, except for the list in this case and in any presently pending proceeding in which the same challenge is made. Cf. Darrow v. Hanover Tp., 58 N.J. 410, 420 (1971); Willis v. Conservation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases