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IN RE TEREBETSKI

770 A.2d 756 (2001)

In the Matter of Robert W. TEREBETSKI. In the Matter of Wayne Hundemann.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 2001.

Attorney(s) appearing for the Case

Genova, Burns & Vernoia, Livingston, for appellant/cross-respondent Borough of Carteret, (James J. McGovern, III, of counsel and on the brief, with Brian O. Lipman, Colts Neck).

John Charles Allen, for respondents/cross-appellants Robert Terebetski and Wayne Hundemann.

John J. Farmer, Jr., Attorney General of New Jersey, for respondent Merit System Board, (Nancy Kaplen, Assistant Attorney General, of counsel; Elizabeth M. Laufer, Deputy Attorney General, on the brief).

Before Judges HAVEY, WEFING and CUFF.

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

This appeal presents the narrow issue of whether a police officer over the age of forty-five but less than fifty-five, retired on disability, may be reinstated to his position upon a finding by the Police and Fire Retirement System (PFRS) that the officer is no longer disabled. We hold that an appointing authority is obliged to reinstate such an officer as soon as a position is available. Accordingly, the final...

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