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O'LONE v. DEPT. OF HUMAN SERVICES

814 A.2d 665 (2003)

357 N.J. Super. 170

Edward O'LONE, Plaintiff-Appellant, v. DEPARTMENT OF HUMAN SERVICES, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 2003.

Attorney(s) appearing for the Case

Mario A. Iavicoli, Haddonfield, argued the cause for appellant.

Robert H. Stoloff, Deputy Attorney General, argued the cause for respondent (David Samson, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Stoloff, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

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

The issue presented by this appeal is whether the Merit System Board (Board) may deny a back pay claim by a career service employee whose removal from his position was reduced to a suspension, based solely on the employee's failure to seek substitute employment during the period of separation from public service, without considering the availability of such employment...

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