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IN RE POLICE SERGEANT (PM3776V)

819 A.2d 1173 (2003)

176 N.J. 49

In the Matter of POLICE SERGEANT (PM3776V) CITY OF PATERSON.

Supreme Court of New Jersey.

Decided April 16, 2003.

Attorney(s) appearing for the Case

Joseph S. Murphy, Ringwood, argued the cause for appellants, Troy Oswald, Ronald Altman, Mason Maher, Steve Oliver and John Robb.

George N. Cohen, Deputy Attorney General, argued the cause for respondent, Merit System Board (David Samson, Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Todd A. Wigder, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by ZAZZALI, J.

This appeal involves a civil service examination administered by the New Jersey Department of Personnel (DOP) for promotional consideration for nine sergeant positions in the City of Paterson Police Department. We must determine whether the DOP's practice of administering identical exams to original and make-up candidates in the same testing cycle is a per se violation of a candidate's right to a fair and competitive...

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