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O'MALLEY v. DEPARTMENT OF ENERGY

109 N.J. 309 (1987)

537 A.2d 647

DENNIS O'MALLEY, RESPONDENT, v. DEPARTMENT OF ENERGY AND DEPARTMENT OF CIVIL SERVICE, APPELLANTS.

The Supreme Court of New Jersey.

Decided November 2, 1987.

Attorney(s) appearing for the Case

Lewis A. Scheindlin, Deputy Attorney General, argued the cause for appellants (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Robert F. Varady argued the cause for respondent (Lamb, Hartung, Gallipoli & Coughlin, attorneys).

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

The issue on this appeal is whether the former Department of Energy (the Department) may be equitably estopped from returning respondent, Dennis O'Malley, from his provisional appointment as supervising energy specialist to his permanent position as senior engineer when a promotional examination was not given between the date of his provisional appointment and the date of the demotion. The former Department of...

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