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ANTHONY v. COUNTY OF HUDSON, A-4338-13T3. (2015)

Court: Superior Court of New Jersey Number: innjco20151026216 Visitors: 6
Filed: Oct. 26, 2015
Latest Update: Oct. 26, 2015
Summary: NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM . Defendants appealed from an April 11, 2014 order of the court granting plaintiff's action in lieu of prerogative writs, pursuant to Rule 4:69, vacating the disciplinary action taken against David Anthony, awarding him back-pay and directing the County of Hudson to conduct a new hearing. While this appeal was pending a new hearing was held and the results appealed by Anthony through the Civil Service Commission.
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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Defendants appealed from an April 11, 2014 order of the court granting plaintiff's action in lieu of prerogative writs, pursuant to Rule 4:69, vacating the disciplinary action taken against David Anthony, awarding him back-pay and directing the County of Hudson to conduct a new hearing. While this appeal was pending a new hearing was held and the results appealed by Anthony through the Civil Service Commission.1 Anthony now argues, and we agree, that our review of the court's order has been rendered moot. "A case is moot if the disputed issue has been resolved, at least with respect to the parties who instituted the litigation." Caput Mortuum v. S. & S., 366 N.J.Super. 323, 330 (App.Div.2004) (citing DeVesa v. Dorsey, 134 N.J. 420, 428 (1993) (Pollock, J., concurring) and Oxfeld v. N.J. State Bd. of Educ., 68 N.J. 301, 303-04 (1975)).

Appeal dismissed as moot.

FootNotes


1. We hereby grant plaintiff's motion to supplement the record with documents evidencing the Civil Service Commission review.
Source:  Leagle

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