MIDDLESEX COUNTY BAR ASS'N v. PARKIN


226 N.J. Super. 387 (1988)

544 A.2d 433

MIDDLESEX COUNTY BAR ASSOCIATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, SOMERSET COUNTY BAR ASSOCIATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, JULIUS J. FEINSON, ESQ., PATRICK R. CAULFIELD, ESQ., ROBERT N. GOLDEN, ESQ., EDWARD H. HERMAN, ESQ., MURRAY WEINGARTNER, ESQ., JACK WYSOKER, ESQ., RICHARD H. THIELE, ESQ., ROBERT J. YOUNG, ESQ., RICHARD GALE, ESQ., RAYMOND WENSTRON, ESQ., LESTER S. GOLDBLATT, ESQ., GERALD M. ZASHIN, P.A., JANIS L. TURNER, ESQ., AND RICHARD E. BOARDMAN, ANDREW MICHTA, ELDA WARD, FRANK BANDERECK, RAYMOND SICKLER, RICHARD CLESS AND ROSE REGLIEC, WIDOW OF MICHAEL REGLIEC, PLAINTIFFS-APPELLANTS, v. HARRY G. PARKIN, DIRECTOR OF WORKERS' COMPENSATION, ALFRED J. NAPIER, JUDGE OF COMPENSATION, CHIEF, HON. CHARLES SERRAINO, COMMISSIONER OF DEPARTMENT OF LABOR, HON. THOMAS H. KEAN, GOVERNOR OF THE STATE OF NEW JERSEY, SEN. JOHN RUSSO, PRESIDENT OF THE SENATE OF THE STATE OF NEW JERSEY, THE DEPARTMENT OF LABOR, STATE OF NEW JERSEY, THE SENATE OF THE STATE OF NEW JERSEY, W. CARY EDWARDS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1988.


Attorney(s) appearing for the Case

Gerald M. Zashin argued the cause for appellants.

Mark J. Fleming, Deputy Attorney General, argued the cause for respondents (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges FURMAN, LONG and SCALERA.


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

Three discrete issues are before us on consolidated appeals: (1) Whether a separate workers' compensation court must be provided in each county pursuant to N.J.S.A. 34:15-53; (2) Whether defendant Parkin is holding office illegally as Director of the Division of Workers' Compensation because he was not appointed by the Governor and confirmed by the Senate...

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