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DiPASQUALE v. BOARD OF REVIEW

286 N.J. Super. 341 (1996)

669 A.2d 275

JOSEPH DIPASQUALE, APPELLANT, v. BOARD OF REVIEW, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1996.

Attorney(s) appearing for the Case

McInerney & Caniglia, attorneys for appellant (Lawrence S. Caniglia, on the brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent (Mary C. Jacobson, Assistant Attorney General, of counsel; Alan C. Stephens, Deputy Attorney General, on the brief).

Before Judges PRESSLER, KEEFE and A.A. RODRIGUEZ.

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

Petitioner Joseph R. DiPasquale appeals from a final determination of the Board of Review (Board) denying him the alternate benefit year calculation afforded by N.J.S.A. 43:21-19(c)(3). On appeal, petitioner contends that the Board improperly interpreted the statute in the context of the uncontroverted facts presented. We agree with petitioner and reverse the judgment under review for the reason stated...

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