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O'MALLEY v. DEPARTMENT OF ENERGY

212 N.J. Super. 114 (1986)

514 A.2d 69

DENNIS O'MALLEY, APPELLANT, v. DEPARTMENT OF ENERGY AND DEPARTMENT OF CIVIL SERVICE, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Lamb, Chappell, Hartung, Gallipoli & Coughlin, attorneys for appellant (Robert F. Varady on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondents (James J. Ciancia, Assistant Attorney General, of counsel; Lewis A. Scheindlin, Deputy Attorney General, on the brief).

Before Judges FRITZ, GAYNOR and BAIME.

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

Once again we are called upon to consider the failure of the Department of Civil Service to comply with the limitation contained in N.J.S.A. 11:10-3 on the length of time for which a provisional employee may be employed, the effect of such inaction on those who accept provisional appointment with the legitimate expectation of qualifying for permanent status and

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