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AMICO v. N.J. ARMY NAT. GUARD

242 N.J. Super. 634 (1990)

577 A.2d 1298

CARMINE AMICO, PLAINTIFF-APPELLANT, v. NEW JERSEY ARMY NATIONAL GUARD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1990.

Attorney(s) appearing for the Case

John H. Harte, III, argued the cause for appellant (Archer & Greiner, attorneys; John H. Harte, III, on the letter brief).

William W. Hart, Jr., Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Harry Haushalter, Deputy Attorney General, of counsel; William W. Hart, Jr., on the brief).

Before Judges J.H. COLEMAN and BRODY.

The opinion of the court was delivered by BRODY, J.A.D.

The primary relief plaintiff sought in this Chancery Division suit was reinstatement in the New Jersey Army National Guard at his former rank. The Guard is a component of the New Jersey Department of Military and Veterans' Affairs, whose head is the Adjutant General. N.J.S.A. 38A:3-2; N.J.S.A. 38A:3-3. Members of the Guard are also members of the United States Army Reserve pursuant to 32 U.S...

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