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PROCACCINO v. STATE, PUBLIC EMPLOYEES' RETIREM. SYS.

87 N.J. 265 (1981)

432 A.2d 1346

DANIEL J. PROCACCINO, APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT.

The Supreme Court of New Jersey.

Decided July 27, 1981.

Attorney(s) appearing for the Case

Ira C. Miller argued the cause for appellant Daniel J. Procaccino (Pellettieri, Rabstein & Altman, attorneys).

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for Board of Trustees, Public Employees' Retirement System (James R. Zazzali, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel; Mr. Goltz and William P. Malloy, on the brief).

The opinion of the Court was delivered by SCHREIBER, J.

Plaintiff, Procaccino, began working with the New Jersey Department of Transportation in 1948. When he retired from his position as title examiner on April 1, 1978, he was 54 years old and had performed his job satisfactorily for more than 32 years.

Beginning in 1954 he was also employed during his off-hours as a constable for the Mercer County District Court. As a result of an investigation into his...

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