WACHSTEIN v. SLOCUM


265 N.J. Super. 6 (1993)

625 A.2d 527

H. IAN WACHSTEIN, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. ALFRED A. SLOCUM, IN HIS CAPACITY AS PUBLIC ADVOCATE AND INDIVIDUALLY AND THE DEPARTMENT OF THE PUBLIC ADVOCATE, DEFENDANTS-RESPONDENTS-CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1993.


Attorney(s) appearing for the Case

Malachi J. Kenney argued the cause for appellant-cross-respondent (Kenney, Gross & McDonough, attorneys; Mr. Kenney, of counsel; Mary F. Hartnett, on the brief).

Benjamin Clarke, Assistant Attorney General, argued the cause for respondents-cross-appellants (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Senior Deputy Attorney General, of counsel; Mr. Clarke, on the brief).

Before Judges ANTELL, DREIER and SKILLMAN.


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

In August 1985, defendant Alfred A. Slocum was nominated by Governor Thomas Kean and confirmed by the New Jersey Senate as the New Jersey Public Advocate, a position in the Governor's cabinet. N.J.S.A. 52:27E-2, 3. Approximately a year later, in August 1986, Slocum also was appointed Public Defender — a sub-cabinet position within the Department of the Public Advocate — which is the head...

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