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IN RE DREYER

811 A.2d 935 (2002)

356 N.J. Super. 159

In the Matter of Richard DREYER, II, and James Hammond, Firefighters.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 2002.

Attorney(s) appearing for the Case

Michael M. DiCicco, Lakewood, argued the cause for petitioners-appellants Richard Dreyer, II, and James Hammond (Bathgate, Wegner & Wolf, attorneys; Mr. DiCicco, on the brief).

Jeffrey S. Leonard, Westmont, argued the cause for defendant-respondent City of Asbury Park (Genova, Burns and Vernoia, attorneys; Karen A. Murray, of counsel and on the brief; Thomas M. Toman, Jr., on the brief).

David Samson, Attorney General, attorney for respondent Merit System Board (Andrea R. Grundfest, Deputy Attorney General, filed a statement in lieu of brief).

Pasquale Menna appeared on behalf of defendant-respondent Garrett M. Giberson and relied on Asbury Park's brief.

Before Judges STERN, COBURN and ALLEY.

The opinion of the court was delivered by

COBURN, J.A.D.

This case concerns the appointment of firefighters to a paid fire department in a municipality that also has a volunteer fire company or force. Statutory preferences for appointment to the paid department are granted to members of such a municipality's volunteer fire company. The question to be resolved is the precise nature of the preferences.

The case comes to us on appeal from a determination...

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