Opinion
Argued February 7 and 8, 1972 —
Decided April 24, 1972.
Appeal from Superior Court, Appellate Division.
Mrs. Marilyn Loftus Schauer, First Assistant Attorney General, argued for the Civil Service Commission ( Mr. George F. Kugler, Jr., Attorney General, attorney; Mr. David S. Litwin, Deputy Attorney General, of counsel and on the brief).
Mr. Ernest Gross argued in A-74 for the Inheritance Tax Supervisors ( Messrs. Gross, Weissberger Linett, attorneys).
Mr. William S. Greenberg argued in A-75 for the State College Librarians, in A-78 for the Professional Association, New Jersey State Department of Education, and in A-79 for Robert J. Berish, et al. ( Messrs. Sterns and Greenberg, attorneys).
Mr. Mario H. Volpe argued in A-76 for Nicholas C. Maida. Mr. Robert J. Partlow argued in A-77 for Robert Micai, William Brown, Orville Abbott, George Hutchinson, Joseph R. Smith, John Shaner, and Henry Justus ( Messrs. Parker, McCay Criscuolo, attorneys).
Mr. Joel H. Sterns argued in A-80 for Hyman S. Abramson, et al. ( Messrs. Sterns and Greenberg, attorneys; Mr. William S. Greenberg, of counsel and on the brief).
Mr. Richard Newman argued in A-81 for Elizabeth McLaughlin.
The motions to dismiss are denied and the causes are remanded to the Appellate Division for further proceedings. See In re Senior Appeals Examiners, 60 N.J. 356 (1972).
During oral argument we were advised that some of the appellants are attacking the Commission's determinations in the federal district court as well as here. Such simultaneous proceedings entail litigious vexation and harassment; beyond that they entail the wastage of judicial facilities and reflect adversely on judicial administration. Since the moving papers before us do not seek any pertinent relief we need not now pursue the matter. However, we note that if hereafter active steps are taken towards the simultaneous prosecution of the proceedings in both courts the Attorney General may readily move for a suitable stay or such other relief as may be appropriate. See Devlin v. National Broadcasting Co., Inc., 47 N.J. 126 (1966); Mennonna v. Penna. R. Co., 5 N.J. Misc. 233 ( Sup. Ct. 1927); Amdur v. Lizars, 372 F.2d 103 (4 Cir. 1967); Mottolese v. Kaufman, 176 F.2d 301 (2 Cir. 1949); Note, "Stays of Federal Proceedings in Deference to Concurrently Pending State Court Suits," 60 Colum. L. Rev. 684 (1960); Vestal, "Repetitive Litigation," 45 Iowa L. Rev. 525 (1960); Note, "Power to Stay Federal Proceedings Pending Termination of Concurrent State Litigation," 59 Yale L.J. 978 (1950). Motion to dismiss denied and remanded — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and MOUNTAIN — 7.
Opposed — None.