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MILLAN v. MORRIS VIEW

177 N.J. Super. 620 (1981)

427 A.2d 605

ROSA MILLAN, PLAINTIFF-APPELLANT, v. MORRIS VIEW, A COUNTY-OPERATED NURSING HOME, MORRIS TOWNSHIP, NEW JERSEY, AND MORRIS COUNTY DIVISION OF SOCIAL SERVICES NEE MORRIS COUNTY WELFARE BOARD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1981.

Attorney(s) appearing for the Case

Nusbaum, Stein, Goldstein & Bronstein, attorneys for appellant (Dennis J. Lenard on the brief).

Lieb, Berlin & Kaplan attorneys for respondent (Thomas F. Zborowski on the brief).

John J. Degnan, Attorney General, attorney for Civil Service Commission filed a statement in lieu of brief on behalf of the Commission (William Harla, Deputy Attorney General, of counsel and on the statement).

Before Judges FRITZ, POLOW and JOELSON.

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

Appellant was a building service worker at the Morris View Nursing Home operated by the Morris County Welfare Board. When she refused to comply with her supervisor's instructions to perform certain duties, claiming that they were too strenuous in view of her back condition, she was initially suspended and, two days later, discharged for insubordination. A Civil Service hearing was conducted some six months later...

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