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CORTESE v. BD. OF TRUSTEES

770 A.2d 1195 (2001)

338 N.J. Super. 607

Michael C. CORTESE, Petitioner-Appellant, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Andrew Bayer, Teaneck, argued the cause for appellant Michael C. Cortese (DeCotiis, Fitzpatrick, and Gluck, attorneys; Mr. Bayer and Peter A. Tucci, Jr. on the brief).

Kimberly A. Sked, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General; Nancy Kaplan, Assistant Attorney General, of counsel; Ms. Sked, on the brief).

Before Judges PRESSLER, KESTIN and ALLEY.

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

Michael C. Cortese appeals from the October 21, 1999, determination of the Board of Trustees of the Public Employees' Retirement System (PERS), adopting the July 27, 1999, initial decision of an Administrative Law Judge (ALJ) that a $63,685 payment to petitioner that was made by Essex County Utilities Authority (ECUA) was not creditable compensation for pension purposes...

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