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MASTRO v. RETIREMENT SYSTEM

266 N.J. Super. 445 (1993)

630 A.2d 289

J. ALBERT MASTRO, APPELLANT, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1993.

Attorney(s) appearing for the Case

Richard A. Mastro argued the cause for appellant (J. Albert Mastro, appellant, appearing pro se).

Patrice M. Connell, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; William W. Hart, Jr., Deputy Attorney General, on the brief).

Before Judges ANTELL, SKILLMAN and VILLANUEVA.

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

This appeal requires us to apply the section of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-10(c), which provides that an initial decision of an Administrative Law Judge (ALJ) shall be "deemed adopted" if the agency fails to issue a final decision in a timely manner.

Appellant is a sixty-eight year old member of the New Jersey Bar...

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