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MATTER OF WARREN

117 N.J. 295 (1989)

566 A.2d 534

IN THE MATTER OF JOHN E. WARREN AND GERALD SOWA.

The Supreme Court of New Jersey.

Decided December 4, 1989.

Attorney(s) appearing for the Case

Carol A. Blasi, Deputy Attorney General, argued the cause for appellant New Jersey Department of Corrections (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

Robert A. Fagella argued the cause for respondent John E. Warren (Zazzali, Zazzali, Fagella & Nowak, attorneys).

PER CURIAM.

This case is before us on appeal as of right under Rule 2:2-1(a)(2) because of a disagreement among the Appellate Division members over whether the Merit System Board had properly determined that a period of suspension, and not removal, was the appropriate discipline for a prison guard. The dissent concerns only the discipline of John E. Warren, one of the parties charged.

All agree that a court may not contravene the Board's measure of...

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