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IN RE N.J.A.C. 12:17-9.6 EX REL. STATE DEPT. OF LABOR

928 A.2d 956 (2007)

395 N.J. Super. 394

In re Adoption of N.J.A.C. 12:17-9.6 by The STATE of New Jersey DEPARTMENT OF LABOR.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 2007.

Attorney(s) appearing for the Case

Francis J. Vernoia, Livingston, argued the cause for appellants Verizon New Jersey Inc., Verizon Services Group, Verizon New York Inc., Empire City Subway Co. Ltd., Verizon Services Corp., BA Investments Development Inc., Chesapeake Directory Sales Co., Codetel Int'l Comm Inc., Global Solutions Inc., Verizon Connected Solutions Inc., Verizon Directory Services, Inc., Verizon Network Integration Corp, and Verizon Corporate Svcs Corp. (Genova, Burns & Vernoia, attorneys; Mr. Vernoia, of counsel and on the brief; Kathleen Barnett Einhorn, on the brief).

John C. Turi, Deputy Attorney General, argued the cause for respondent State of New Jersey (Stuart Rabner, Attorney General, attorney; Mr. Turi, on the brief).

Before Judges COBURN, AXELRAD and R.B. COLEMAN.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

This appeal challenges the facial validity of N.J.A.C. 12:17-9.6, which provides that employees who leave their employment to participate in "a written voluntary layoff and/or early retirement incentive policy or program . . . so that another employee may continue to work" are qualified to receive unemployment compensation benefits...

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