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MALONE v. FENDER

80 N.J. 129 (1979)

402 A.2d 240

ROBERT MALONE, LOUIS POSTEL AND BARTHOLOMEW BEVINS, APPELLANTS, 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, RESPONDENTS, v. CIVIL SERVICE COMMISSION, DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, APPELLANT.

The Supreme Court of New Jersey.

Decided May 22, 1979.

Attorney(s) appearing for the Case

Ms. Erminie L. Conley, Assistant Attorney General, argued the cause for appellant, Civil Service Commission (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Henry D. Blinder, Deputy Attorney General, on the brief).

Mr. Richard H. Greenstein argued the cause for appellants, Robert Malone, et al. (Messrs. Fox and Fox, attorneys).

Mr. Edward Weisslitz argued the cause for respondents (Messrs. Schechner and Targan, attorneys).

The opinion of the court was delivered by HANDLER, J.

The issue on this appeal is whether the Civil Service Commission has the power to extend for a third year a local government employment eligibility list originally promulgated for two years. More specifically, the questions presented are whether N.J.S.A. 11:22-32, which provides for the duration of such eligibility lists, contemplates an extension beyond the term of the list as originally fixed and, if so...

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