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IN RE FOGLIO

A-16 September Term 2010

22 A.3d 958 (2011)

207 N.J. 38

In the Matter of Nicholas R. FOGLIO, Fire Fighter (M2246D), Ocean City.

Supreme Court of New Jersey.

Decided July 19, 2011.

Attorney(s) appearing for the Case

Carl N. Tripician, argued the cause for appellant Nicholas R. Foglio.

Todd A. Widger argued the cause for respondent Civil Service Commission (Paula T. Dow, Attorney General of New Jersey, attorney; Andrea R. Grundfest, Deputy Attorney General, on the letter brief).

Justice LONG delivered the opinion of the Court.

The New Jersey Constitution prescribes that Civil Service appointments "shall be made according to merit and fitness to be ascertained, as far as practicable, by examination, which, as far as practicable, shall be competitive." N.J. Const. art. VII, § 1, ¶ 2. The Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, and the regulations promulgated thereunder, N.J.A.C. 4A:4-1.1 to 7.12, in turn, implement those merit and fitness principles. In furtherance...

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