November 8, 2010
IN THE MATTER OF TIMOTHY CASSIDY, KEAN UNIVERSITY.
On appeal from a Final Decision of the Civil Service Commission, Docket No. 2010-1118.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 27, 2010
Before Judges Cuff and Sapp-Peterson.
In this appeal, we review an order awarding $19,860 in counsel fees. Appellant Timothy Cassidy was reinstated to his position as a security officer at Kean University after the Civil Service Commission (CSC) reversed his removal. As the prevailing party, Cassidy was entitled to counsel fees.
Appellant argues that CSC misapplied N.J.A.C. 4A:2-2.12, the rule governing the award of counsel fees, because the fee awarded by the CSC does not reflect the skill and experience of his attorney required to prevail and gain reinstatement.
We affirm substantially for the reasons set forth in the December 3, 2009 Final Administrative Action of the CSC.
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