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Campbell v. Atlantic Cty. Board of Freeholders

Superior Court of New Jersey, Appellate Division
Mar 20, 1978
158 N.J. Super. 14 (App. Div. 1978)

Opinion

Argued March 7, 1978 —

Decided March 20, 1978.

Appeal from Superior Court, Law Division, Francis, A.J.S.C.

Before Judges LORA, SEIDMAN and MILMED.

Mr. James A. Woller argued the cause for appellant ( Messrs. McCarter English, attorneys; Mr. Steven B. Hoskins, of counsel; Mr. Gerald C. Harvey on the brief).

Mr. John P. Morris argued the cause for respondent ( Messrs. Horuvitz, Perlow Ritter, attorneys).


The judgment is affirmed substantially for the reasons expressed by Judge Francis in his written opinion, reported at 145 N.J. Super. 316 (Law Div. 1976). It is to be noted that plaintiff still has available to him, at his option, a full evidentiary hearing before the trial court "to establish the circumstances of his removal from the public service and their relevance to the application of N.J.A.C. 4:1-8.14," for which purpose the trial court retained jurisdiction. 145 N.J. Super. at 330.

Defendant argues for the first time on appeal that under Federal regulations, as director of the Emergency Employment Administration of Atlantic County, he was "not subject to separation or suspension except for cause," citing " 45 C.F.R. § 70.13, as required by 29 C.F.R. § 98.14." Although we are not persuaded that these regulations are applicable to the position held by plaintiff, we decline to consider the issue, since it was not presented to the trial court when an opportunity for such a presentation was available. Nieder v. Royal Indemnity Ins. Co., 62 N.J. 229 , 234 (1973).

Affirmed.


Summaries of

Campbell v. Atlantic Cty. Board of Freeholders

Superior Court of New Jersey, Appellate Division
Mar 20, 1978
158 N.J. Super. 14 (App. Div. 1978)
Case details for

Campbell v. Atlantic Cty. Board of Freeholders

Case Details

Full title:JOHN R. CAMPBELL, PLAINTIFF-APPELLANT, v. ATLANTIC COUNTY BOARD OF…

Court:Superior Court of New Jersey, Appellate Division

Date published: Mar 20, 1978

Citations

158 N.J. Super. 14 (App. Div. 1978)
385 A.2d 311

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