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NUNAN v. DEPT. OF PERSONNEL

244 N.J. Super. 494 (1990)

582 A.2d 1266

AIDAN FRANCIS NUNAN, APPELLANT, v. NEW JERSEY DEPARTMENT OF PERSONNEL, EUGENE J. MCCAFFREY, SR., COMMISSIONER, NEW JERSEY DEPARTMENT OF PERSONNEL, AND CITY OF ATLANTIC CITY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Sidney H. Lehmann argued the cause for appellant (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys; Sidney H. Lehmann of counsel; Sidney H. Lehmann and Daniel J. O'Donnell on the brief).

David F. Corrigan argued the cause for respondent City of Atlantic City (Murray, Murray & Corrigan, attorneys; Caryl M. Amana, City Solicitor, on the brief).

Robert J. Del Tufo, Attorney General, filed a statement in lieu of brief on behalf of the Department of Personnel, Merit System Board (Douglass L. Derry, Deputy Attorney General, on the statement).

Before Judges PRESSLER, DEIGHAN and BAIME.

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

This is an appeal from a determination of the Merit System Board, rejecting appellant's claim that he was entitled to immediate appointment to the position of Atlantic City police officer and back pay. The Board found that appellant resided in Ocean City on the dates upon which the list of eligibles was certified and was thus not entitled to a resident's preference...

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