The opinion of the court was delivered by BAIME, P.J.A.D.
Douglas Borrello was employed by the City of Elizabeth as the Supervisor of Streets and Parks. Over a nine month period, Borello accepted three bribes. He was convicted of third degree misconduct in office and was removed from his position. Borrello then applied for deferred retirement benefits. The Board of Trustees denied Borrello's application on the ground that N.J.S.A. 43:15A-38 bars a public employee...
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