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IN RE APPEAL OF LEMBO

151 N.J. Super. 242 (1977)

376 A.2d 971

IN THE MATTER OF THE APPEAL OF PHILIP LEMBO.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Mr. Martin Verp, County Counsel, attorney for appellant Board of Chosen Freeholders of Passaic County (Mr. John G. Thevos, Special Assistant County Counsel, on the brief).

Messrs. Segreto & Segreto, attorneys for respondent Philip Lembo (Mr. James V. Segreto, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for Civil Service Commission (Mr. Paul E. Graham, Deputy Attorney General, of counsel and on the statement in lieu of brief).

Before Judges FRITZ, ARD and PRESSLER.

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

Passaic County appeals from an order of the Civil Service Commission reinstating with back pay its employee, Philip Lembo, whom it had removed for cause following a departmental hearing. The charge underlying the removal was his refusal to accept a temporary transfer to a position in a class different from that to which he was permanently assigned. The dispositive question raised by this appeal is whether...

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