CASTELLUCCI v. BOARD OF REVIEW, DIV. OF EMPLOYMENT SECURITY


174 N.J. Super. 289 (1980)

416 A.2d 424

DIANA G. CASTELLUCCI, PLAINTIFF-APPELLANT, v. BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, AND XEROX CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Remanded May 21, 1979.

Decided May 13, 1980.


Attorney(s) appearing for the Case

V. Richard Ferreri argued the cause for appellant (Moss, Thatcher, Moss & McNeill, attorneys). Stephen M. Latimer, Camden Regional Legal Services, Inc., Burlington, substituted counsel; Andre Shramenko, of counsel, on the supplemental brief.

Michael R. Clancy, Deputy Attorney General, argued the cause for respondent Board of Review (John J. Degnan, Attorney General of New Jersey, attorney; Michael S. Bokar, Deputy Attorney General, of counsel and on the brief).

John Dolan Harrington argued the cause for respondent Xerox Corporation (Winne, Banta, Rizzi & Harrington, attorneys; Donald A. Klein, on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.


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

The factual background requiring the remand is set out in our prior opinion at 168 N.J.Super. 301 (App.Div. 1979). There is no need to repeat it or enlarge upon it here.

On the remand a further hearing was held and testimony taken. Thereafter the Board of Review (Board) concluded that since "the notice of an Appeal Tribunal hearing, and the decision as a result...

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