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Edmond v. Department of Public Advocate

New Jersey Superior Court, Appellate Division


Decided: November 14, 1975.

CLARENCE E. EDMOND, PLAINTIFF-APPELLANT,
v.
DEPARTMENT OF THE PUBLIC ADVOCATE, DEFENDANT-RESPONDENT

Kolovsky, Bischoff and Botter.

Per Curiam

[137 NJSuper Page 83]

Plaintiff appeals from the refusal of the Public Advocate to institute an action on his behalf to compel the Division of Civil Rights to reopen proceedings on a complaint which plaintiff had filed in 1968 charging a board of education with discrimination against him because he is black. The Public Advocate refused to do so since there was no broad public interest involved. N.J.S.A. 52:27E-32(b).

The appeal is clearly without merit. The statute reposes in the Public Advocate the "sole discretion to represent or refrain from representing the public interest in any proceeding * * *." N.J.S.A. 52:27E-31. The record contains ample support for the action of the Public Advocate.

Affirmed.

19751114


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