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Malone v. Fender

New Jersey Superior Court, Appellate Division


Decided: March 30, 1978.

ROBERT MALONE, LOUIS POSTEL AND BARTHOLOMEW BEVINS, PLAINTIFFS-RESPONDENTS,
v.
JAMES L. FENDER, JOSEPH H. CAPASSO, ROBERT J. OLDKNOW, JOSEPH A. STUART, MICHAEL C. STOIA, THOMAS H. MAGEEAN, WILLIAM R. CONN, GEORGE J. FLANAGAN, EMIL J. NIGRO, RAYMOND J. HERMANN, WARREN B. WILSON, JOHN A. ROBERTS, WILLIAM G. SCHALK, WILLIAM DOUGAN, JAMES MALCOLM, JAMES HERON, GEORGE J. HARRIS, THEODORE J. DURANTE, FRANCIS X. LYNCH, FRANCIS J. MEYERS, JOHN L. PALMER, JOSEPH MCMILLAN AND DANIEL TAYLOR, INTERVENORS-APPELLANTS, V. CIVIL SERVICE COMMISSION, DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT

On appeal from a final determination of the Civil Service Commission.

Fritz, Botter and Ard.

[160 NJSuper Page 222]

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.

19780330


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