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DELISA v. COUNTY OF BERGEN

740 A.2d 648 (1999)

326 N.J. Super. 32

Peter DeLISA, Plaintiff-Appellant, v. COUNTY OF BERGEN, Office of the Prosecutor, Charles Buckley, Acting Prosecutor for Bergen County, James Tobin, Richard Muti, Frank Cilento and Alan Grieco, Defendants-Respondents/Cross-Appellants, and County of Bergen, Defendant-Respondent/Third-Party Plaintiff/Cross-Appellant, v. State of New Jersey, Third-Party Defendant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1999.

Attorney(s) appearing for the Case

Kevin M. Kiernan, Montclair, for plaintiff-appellant Peter DeLisa (McDonough, Kiernan & Campbell, Mr. Kiernan, on the brief).

Edward N. Fitzpatrick, Teaneck, for defendants-respondents/cross-appellants (DeCotiss, Fitzpatrick & Gluck, attorneys; Mr. Fitzpatrick and J.S. Lee Cohen, of counsel; Mr. Cohen and Peter A. Tucci, Jr., on the brief).

Barbara H. Parker, Assistant Bergen County Counsel, for defendant-respondent/cross-appellant/third-party plaintiff (Murshall J. Bland, County Counsel, attorney; Ms. Parker, on the brief).

Jeffrey J. Miller, Assistant Attorney General, for respondent/cross-respondent/third-party defendant State of New Jersey (John J. Farmer, Jr., Attorney General, attorney; Mr. Miller, of counsel; Steven J. Zweig, Deputy Attorney General, on the brief).

Before Judges STERN, KESTIN and WEFING.

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

Plaintiff appeals from the dismissal of his complaint alleging a retaliatory discharge in violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The dismissal was granted because plaintiff alleged retaliation for his report about co-employee, not employer, misconduct. Defendant County of Bergen and the individual defendants cross-appeal from the judge's rejection of other...

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