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CAPIBIANCO v. CIVIL SERVICE COMMISSION

60 N.J. Super. 307 (1960)

158 A.2d 834

PETER CAPIBIANCO, APPELLANT, v. CIVIL SERVICE COMMISSION OF NEW JERSEY AND CITY OF ASBURY PARK, A MUNICIPAL CORPORATION, ETC., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1960.

Attorney(s) appearing for the Case

Mr. Charles Frankel argued the cause for appellant.

Mr. Aszensio R. Albarelli argued the cause for respondent City of Asbury Park.

Mr. Theodore I. Botter, Deputy Attorney General, argued the cause for respondent Civil Service Commission (Mr. David D. Furman, Attorney General, attorney; Mr. Botter, on the brief).

Before Judges GOLDMANN, FREUND and HANEMAN.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Capibianco appeals from a determination of the Civil Service Commission holding that (1) he never acquired permanent status after his assignment to duty in a temporary capacity as Chief of Police of the Asbury Park Police Department, and (2) since a vacancy existed in that position, the Civil Service Department properly took action to fill the position permanently...

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