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DUVIN v. STATE

149 N.J. Super. 289 (1977)

373 A.2d 715

FRANK F. DUVIN, APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Messrs. O'Brien, Devlin and Shaw, attorneys for appellant (Mr. William J. McNichol, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Stephen Skillman, Assistant Attorney General, of counsel and Mr. Stacy L. Moore, Jr., Deputy Attorney General, on the brief).

Before Judges BISCHOFF, MORGAN and KING.

The opinion of the court was delivered by KING, J.S.C., Temporarily Assigned.

This is an appeal from a final determination of the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) denying a request from the appellant Duvin that he be permitted to file an application for accidental disability retirement pursuant to N.J.S.A. 43:15A-43. We disagree with the determination of the Board and reverse.

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