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DIMATTIA v. NJ MERIT SYSTEM BD.

739 A.2d 450 (1999)

325 N.J. Super. 368

Matthias L. DiMATTIA, Appellant, v. NEW JERSEY MERIT SYSTEM BOARD and New Jersey Department of Environmental Protection, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1999.

Attorney(s) appearing for the Case

Michael J. Herbert, for appellant (Herbert, Van Ness, Cayci & Goodell, Princeton, attorneys; Mr. Herbert, of counsel and on the brief).

George N. Cohen, Deputy Attorney General, for respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mary L. Cupo-Cruz, Senior Deputy Attorney General, on the brief).

Before Judges KING, KLEINER and PAUL G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Effective July 8, 1995, appellant, Matthias L. DiMattia, was one of 1665 employees effected by a layoff action conducted for Fiscal Year 1996 in the Department of Environmental Protection (DEP). Appellant's career service title as Administrative Analyst I remained the same but his 40-hour workweek position was eliminated and he exercised layoff rights to move to a 35-hour workweek position. His salary...

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