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KELTY v. STATE, DEPT. OF LAW

728 A.2d 273 (1999)

321 N.J. Super. 84

John R. KELTY, Plaintiff-Respondent, v. STATE of New Jersey, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF STATE POLICE and Colonel Carl A. Williams, Superintendent, New Jersey State Police or Successor in Office, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1999.

Attorney(s) appearing for the Case

Janine L. Long, Deputy Attorney General, for defendants-appellants (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Long, on the brief).

Scott A. Krasny, West Trenton, for plaintiff-respondent (Furlong and Krasny, attorneys; Mr. Krasny, on the brief).

Before Judges BROCHIN, KLEINER, and STEINBERG.

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

Pursuant to leave to appeal granted, defendants State of New Jersey, Department of Law and Public Safety, Division of State Police, and Colonel Carl A. Williams, Superintendent, New Jersey State Police1 appeal from the denial of their cross-motion seeking summary judgment. We conclude that the motion judge incorrectly rejected the common law principle that public officers may be...

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