BRADY v. DEPARTMENT OF PERSONNEL


149 N.J. 244 (1997)

693 A.2d 466

JAMES T. BRADY, APPELLANT-RESPONDENT, v. DEPARTMENT OF PERSONNEL, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 22, 1997.


Attorney(s) appearing for the Case

June K. Forrest, Senior Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

D. William Subin argued the cause for respondent (Mr. Subin, attorney; Mr. Subin and Steven P. Scheffler, on the briefs).

Paul L. Kleinbaum argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali, Zazzali, Fagella & Nowak, attorneys).

Dennis J. Alessi submitted a brief on behalf of amici curiae New Jersey State Firemen's Mutual Benevolent Association and Newark Firefighters Union (Fox and Fox, attorneys).


The opinion of the Court was delivered by HANDLER, J.

In this case, a municipal police sergeant, seeking to attain the rank of captain, took a State promotional civil-service examination. His examination score reduced his chances of promotion. The officer challenges the results of his examination, claiming that in order to determine the accuracy of his score, he must have complete access to his testing materials, including...

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