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IN RE HILL

160 N.J. Super. 382 (1978)

390 A.2d 131

IN THE MATTER OF HOWARD H. HILL, DECEASED. EVELYN HILL, PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1978.

Attorney(s) appearing for the Case

Mr. Charles N. Miller argued the cause for appellant Evelyn Hill (Messrs. Miller & Pincus, attorneys).

Mr. Samuel J. Halpern, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of the Treasury, Division of Pension (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey, and Ms. Erminie L. Conley, Deputy Attorney General, of counsel).

Before Judges HALPERN, LARNER and KING.

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

Petitioner appeals from the denial by the Consolidated Police and Firemen's Pension Fund Commission (Commission) of death benefits claimed to be due under the provisions of N.J.S.A. 43:16-4(a) by virtue of the death of her husband while employed as a captain in the Police Department of the City of Linden. The pivotal issue is whether the widow of the deceased police captain is entitled to receive a pension...

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