MATTER OF ALLEN


262 N.J. Super. 438 (1993)

621 A.2d 87

IN THE MATTER OF JOHN J. ALLEN.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1993.


Attorney(s) appearing for the Case

Ansell, Zaro, Bennett, Kenney & Grimm, attorneys for appellant (John O. Bennett, III, of counsel; Joseph H. Orlando, on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Mary C. Jacobson, Senior Deputy Attorney General, of counsel; June K. Forrest, Senior Deputy Attorney General, on the brief).

Before Judges MICHELS, BILDER and BAIME.


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

Hazlet Township appeals from a decision of the Merit System Board, ordering that John Allen, a police sergeant who had been retired on disability but who was no longer disabled, be reappointed to his former position upon the next vacancy and directing that his seniority be aggregated to include prior and current permanent service. Although phrased in a variety of ways, the Township contends that (1) Allen's petitions...

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