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IN RE POLICE SERGEANT (PM3220S)

823 A.2d 84 (2003)

360 N.J. Super. 367

In the Matter of POLICE SERGEANT (PM3220S), JERSEY CITY.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 2003.

Attorney(s) appearing for the Case

Sanford R. Oxfeld, Newark, argued the cause for appellants Robert T. Cairns, John A. Cavaliere, Mark S. Cowan, Kevin Guy, William J. Logan, Peter Mesa, Frank T. Scarpa and John M. Warlikows (Oxfeld, Cohen, attorneys; Mr. Oxfeld, of counsel; Ephraim T. Jerchower, East Hanover, on the brief).

Melissa H. Raksa, Deputy Attorney General, argued the cause for respondent Merit System Board (David Samson, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Raksa, on the brief).

Sidney H. Lehmann, Lawrenceville, argued the cause for respondent Jersey City Police Officers Benevolent Association (Szaferman, Lakind, Blumstein, Watter, Blader, Lehmann & Goldshore, attorneys; Mr. Lehmann, on the brief).

Before Judges HAVEY, A.A. RODRIGUEZ and WELLS.

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

This appeal requires us to consider whether a person deemed to be a de facto public officer or employee pursuant to N.J.S.A. 40A:9-6, acquires civil service reemployment rights as an "emolument" of such office or position. We hold that the statute does not grant such a right. We also hold that the Law Division, not the Merit System Board, is the exclusive...

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