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WINTERS v. NORTH HUDSON REG. FIRE.

Nos. A-45-10, A-46-10, A-47-10 September Term 2010, 066968

50 A.3d 649 (2012)

212 N.J. 67

Steven J. WINTERS, Plaintiff-Respondent, v. NORTH HUDSON REGIONAL FIRE AND RESCUE, Jeffrey C. Welz, Michael J. DeOrio, and Brion McEldowney, Defendants-Appellants.

Supreme Court of New Jersey.

Decided September 13, 2012.

Reargued January 5, 2012.

Attorney(s) appearing for the Case

Thomas R. Kobin , Secaucus, and David J. Pack argued the cause for appellants ( Chasan Leyner & Lamparello , attorneys for Michael J. DeOrio and Thomas B. Hanrahan & Associates, attorneys for North Hudson Regional Fire and Rescue and Brion McEldowney; Mr. Kobin and Thomas B. Hanrahan , of counsel). David F. Corrigan argued the cause for appellant Jeffrey C. Welz (The Corrigan Law Firm, attorneys; Mr. Corrigan and Bradley D. Tishman , on the briefs).

Robert L. Herbst , a member of the New York bar, argued the cause for respondent (The Nirenberg Law Firm, attorneys; Mr. Herbst and Jonathan I. Nirenberg , Hackensack, on the briefs).

Richard E. Yaskin , Cherry Hill , submitted a brief on behalf of amicus curiae National Employment Lawyers Association/New Jersey Chapter (Mr. Yaskin , attorney; Bennet D. Zurofsky , Newark, of counsel).

Marvin M. Goldstein submitted a brief on behalf of amicus curiae Employers Association of New Jersey ( Proskauer Rose , attorneys; Mr. Goldstein , Mark A. Saloman , and John J. Sarno , Newark, of counsel and on the brief).

PER CURIAM.

In this matter, we consider whether a plaintiff, who was removed from public employment after positing a claim of employer retaliation in a civil service disciplinary proceeding, should be barred from seeking to circumvent that discipline through a subsequent Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, action also alleging retaliation. We hold that, under these facts, plaintiff's CEPA action is barred.

Plaintiff...

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