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BURKHART v. PUBLIC EMP. RETIREMENT SYSTEM

158 N.J. Super. 414 (1978)

386 A.2d 428

PETER J. BURKHART, PLAINTIFF-APPELLANT, v. PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS, DEFENDANT-RESPONDENT AND S. CHARLES GAROFALO, PLAINTIFF-APPELLANT, v. PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1978.

Attorney(s) appearing for the Case

Mr. Aaron Dines argued the cause for appellants (Messrs. Lordi, Imperial & Dines, attorneys).

Ms. Stacy L. Moore, Jr., Deputy Attorney General, argued the cause for respondent (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 KING, J.A.D.

Burkhart and Garofalo appeal from adverse determinations by the Board of Trustees of the Public Employees Retirement System (PERS).

Burkhart is a veteran who began employment as a Morris County freeholder on July 1, 1973. He was enrolled in PERS, effective November 1, pursuant to an application received by the Division of Pensions on June 3. On his application...

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