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IN RE FIDEK

76 N.J. 340 (1978)

387 A.2d 1185

IN THE MATTER OF MICHAEL FIDEK.

The Supreme Court of New Jersey.

Decided May 31, 1978.

Attorney(s) appearing for the Case

Mrs. Erminie L. Conley, Deputy Attorney General, argued the cause for appellant Department of Civil Service (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mrs. Conley, of counsel; Mr. Arnold Lakind, Deputy Attorney General, on the brief).

Mr. John L. Bonello argued the cause for respondent Fidek (Messrs. Anschelewitz, Barr, Ansell and Bonello, attorneys).

PER CURIAM.

The Department of Civil Service, in computing seniority, excluded from State service four months during which Michael Fidek was on an approved leave of absence without pay on active duty training in the United States Army Reserve. As a result Fidek, a right-of-way negotiator in the State Department of Transportation, was subjected upon the elimination of a negotiator's position to an involuntary transfer. If he...

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