GREXA v. STATE


168 N.J. Super. 202 (1978)

402 A.2d 938

JOHN GREXA, PLAINTIFF-APPELLANT v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES; STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES; ANN KLEIN, COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES, AND INDIVIDUALLY; DAVID EINHORN, DEPUTY COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES, AND INDIVIDUALLY; ANTHONY P. SANTANGELO, COMPTROLLER OF THE DEPARTMENT OF HUMAN SERVICES, AND INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1978.


Attorney(s) appearing for the Case

Mr. Gerald Goldman argued the cause for appellant (Messrs. Goldman, Carlet, Garrison, Bertoni & Bitterman, attorneys).

Ms. Erminie L. Conley, Deputy Attorney General, argued the cause for respondents (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Paulette M. Sapp, Deputy Attorney General, on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.


PER CURIAM.

This appeal involves consideration of due process requirements incident to the discharge of a public employee serving at will.

On July 12, 1976 plaintiff John Grexa was provisionally appointed to the position of "Administrator, Fiscal and Management Operations" in the Division of Youth and Family Services, Department of Human Services (hereafter DYFS), pending an open competitive Civil Service examination. He was paid an annual salary in excess...

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