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DE ROSE v. BYRNE

139 N.J. Super. 132 (1976)

353 A.2d 100

RALPH C. DE ROSE, INDIVIDUALLY AND AS COMMISSIONER OF THE WATERFRONT COMMISSION OF NEW YORK HARBOR, PLAINTIFF-RESPONDENT, v. BRENDAN T. BYRNE, GOVERNOR, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1976.

Attorney(s) appearing for the Case

Mr. William F. Hyland, Attorney General of New Jersey, attorney for appellant (Messrs. Robert J. Del Tufo, First Assistant Attorney General; David S. Baime, Chief, Appellate Section; John DeCicco, First Assistant, Appellate Section; and Peter N. Gilbreth, Deputy Attorney General, of counsel and on the brief).

Mr. William O. Barnes, Jr., attorney for respondent.

Before Judges FRITZ, SEIDMAN and MILMED.

PER CURIAM.

The salient facts and the legal issues involved appear in the opinion below, 135 N.J.Super. 273 (Ch. Div. 1975). We are advised that since that judgment from which this appeal is taken, Governor Byrne has withdrawn his objection to the salary of Commissioner DeRose and that he has waived application of Executive Order No. 21 to the Commissioner insofar as it would apply to his current term. Following these developments...

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