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GIESLER v. BOARD OF REVIEW, DEPARTMENT OF LABOR

716 A.2d 547 (1998)

315 N.J. Super. 28

Francis GIESLER, Claimant-Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR, Respondent-Respondent, and Bell Atlantic New Jersey, Inc., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Peter F. Carpenter, Far Hills, for claimant-appellant.

Peter Verniero, Attorney General, for respondent-respondent (Joseph L. Yannotti, of counsel; John C. Turi, on the brief).

Before Judges KLEINER and BRAITHWAITE.

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

Appellant Francis Giesler was permanently and involuntarily terminated from his employment with Bell Atlantic (Bell) because of "downsizing" on July 15, 1995. He was fifty-nine years of age and had been employed by Bell for thirty-eight years. At the time of termination he "could have retired with full pension rights." He was entitled to receive a monthly pension benefit but instead chose to receive a lump...

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