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IN RE LEARY

180 N.J. Super. 557 (1981)

435 A.2d 1186

IN THE MATTER OF CHARLES A. LEARY.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Frank P. Trocino, City Attorney, for appellant City of Elizabeth Police Department (Raymond T. Bolanowski on the brief).

James R. Zazzali, Attorney General of New Jersey, attorney for respondent Civil Service Commission (John J. Degnan, former Attorney General of New Jersey; Andrea M. Silkowitz, Deputy Attorney General, of counsel; Janet Share Zatz, Deputy Attorney General, on the brief).

Before Judges MATTHEWS, PRESSLER and PETRELLA.

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

The issue raised by this appeal involves the construction of N.J.S.A. 40A:14-123.1a(a), the most recent legislative effort to accommodate the competing interests involved in police residency requirements. The specific problem before us is to determine the operative date of residency which, in a police department subject to Civil Service, will qualify an application for the appointment preference the...

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