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13 N.J.A.R. 598

Trenton, Police Dept. of the City of; Kale, William v
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Citation: 13 N.J.A.R. 598
Decision Date: 1988
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: Appellant was terminated from his position as a police sergeant because he was unable to perform his job duties after he fell and injured his back. The matter was transmitted to the Office of Adminis- trative Law for a hearing. The administrative law judge found that appellant had been informed that he should not return to work after an extended sick leave, but he failed to appeal until a year later. The appointing authority did not serve appellant with a required preliminary notice of termination, but the judge found that appellant had other notice that he was being removed from his position. The judge concluded that the termination was proper. The appeal was dismissed. Upon review, this initial decision was affirmed by the Merit System Board. The Appellate Division affirmed in a per curiam decision. (A-4974-87T2. November 28, 1988.) Steven B!ader, Esq., for appellant (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys) Michael L. Bitterman, Assistant City Attorney, for respondent (George T. Dougherty, City Attorney, attorney)