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ENSSLIN v. TOWNSHIP OF NORTH BERGEN

275 N.J. Super. 352 (1994)

646 A.2d 452

MARK ENSSLIN, APPELLANT, v. TOWNSHIP OF NORTH BERGEN, RESPONDENT. MARK ENSSLIN, PLAINTIFF-APPELLANT, v. TOWNSHIP OF NORTH BERGEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1994.

Attorney(s) appearing for the Case

Sokol, Behot & Fiorenzo, attorneys for appellant (Philip Scalo, of counsel and on the reply brief; Frank Terranella, on the brief).

Ruderman & Glickman, attorneys for respondent Township of North Bergen (Mark S. Ruderman, of counsel; Ellen M. Horn, on the brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent Merit System Board, in A-959-92T2 only, has filed a Statement in Lieu of brief (JoAnn Fitzpatrick, Deputy Attorney General, on the Statement).

Before Judges BRODY, STERN and KEEFE.

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

Plaintiff Mark Ensslin appeals from a determination of the Merit System Board (Board) which approved the Township of North Bergen's (Township) action in terminating Ensslin's employment as a police officer in the Township. The Board found that Ensslin "could not perform the essential duties of his position" and that "accommodation [to his disability] would not be feasible[.] ..." While plaintiff raises several...

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