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DULANEY v. CIVIL SERVICE COM.

85 N.J. Super. 136 (1964)

204 A.2d 201

JAMES DULANEY, PLAINTIFF-APPELLANT, v. CIVIL SERVICE COMMISSION OF THE STATE OF NEW JERSEY, NEW JERSEY STATE HOSPITAL AND JOHN M. SAVIS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1964.

Attorney(s) appearing for the Case

Mr. William L. Brach argued the cause for appellant (Messrs. Zucker, Brach & Eichler, attorneys).

Mrs. Marilyn H. Loftus-Schauer, Deputy Attorney General, argued the cause for respondents Civil Service Commission and New Jersey State Hospital, Greystone Park (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges CONFORD, KILKENNY and LEWIS.

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

Insofar as plaintiff's appeal is based on the denial of a hearing of his grievance by the Civil Service Commission because not demanded within 20 days after the action affecting him, there is no longer any issue because the Commission concedes that Rule 65, the limitation provision, was not in effect when plaintiff's claim arose. The Commission now justifies its denial of a hearing on grounds of plaintiff...

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