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GEORGE v. CITY OF NEWARK

894 A.2d 690 (2006)

384 N.J. Super. 232

Kevin GEORGE, Petitioner-Respondent, v. CITY OF NEWARK, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2006.

Attorney(s) appearing for the Case

Carolyn A. McIntosh, Assistant Corporation Counsel, argued the cause for appellant (Joanne Y. Watson, Corporation Counsel, attorney; Ms. McIntosh, on the brief).

William S. Greenberg, Newark, argued the cause for respondent (Paster & Greenberg, attorneys; Mr. Greenberg, on the brief).

Zulima V. Farber, Attorney General, attorney for The New Jersey Merit System Board (Todd A. Wigder, Deputy Attorney General, on the Statement In Lieu of Brief).

Before Judges KESTIN, LEFELT and R.B. COLEMAN.

The opinion of the court was delivered by

LEFELT, J.A.D.

After Police Sergeant Kevin George tested positive for marijuana, the City of Newark removed him from employment. Upon George's administrative appeal, the Merit System Board concluded that the City had unconstitutionally deprived George of his ability to contest the charge and reinstated the sergeant with back pay, benefits, and counsel fees. The City appeals and we vacate the Board's decision and remand...

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