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Malone v. Fender

Superior Court of New Jersey, Appellate Division
Mar 30, 1978
160 N.J. Super. 221 (App. Div. 1978)

Opinion

Submitted February 14, 1978 —

Decided March 30, 1978 — Supplemental Opinion June 13, 1978.

Before Judges FRITZ, BOTTER and ARD.

Messrs. Schechner and Targan, attorneys for appellants ( Mr. Edward Weisslitz, of counsel and on the brief).

Messrs. Fox and Fox, attorneys for plaintiffs-respondents ( Mr. Richard H. Greenstein, on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for the respondent Civil Service Commission ( Mr. William F. Hyland, former Attorney General of New Jersey, and Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Henry D. Blinder, Deputy Attorney General, on the brief).


SUPPLEMENTAL OPINION

Because of the Commission's past practices and N.J.A.C. 4:1-11.6, we are mindful of the instability that would ensue if this decision were applied retroactively. Therefore, we direct that it be applied prospectively only, except for the list in this case and in any presently pending proceeding in which the same challenge is made. Cf. Darrow v. Hanover Tp., 58 N.J. 410, 420 (1971); Willis v. Conservation Ec. Develop. Dept., 55 N.J. 534 , 541 (1970). No appointment shall be made hereafter in local service from a list unlawfully extended; but no appointments previously made from such a list shall be invalidated except as provided herein.


Summaries of

Malone v. Fender

Superior Court of New Jersey, Appellate Division
Mar 30, 1978
160 N.J. Super. 221 (App. Div. 1978)
Case details for

Malone v. Fender

Case Details

Full title:ROBERT MALONE, LOUIS POSTEL AND BARTHOLOMEW BEVINS…

Court:Superior Court of New Jersey, Appellate Division

Date published: Mar 30, 1978

Citations

160 N.J. Super. 221 (App. Div. 1978)
389 A.2d 504

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Malone v. Fender

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