In re Viviani

The opinion of the court was delivered by

MATTHEWS, P. J. A. D.

This is an appeal from a final determination by the Civil Service Commission returning James Ware to the position of Director, Division of Unemployment and Disability Insurance in the New Jersey Department of Labor and Industry (hereinafter “Director, UDI”).

On December 16, 1975 Ware, a state employee of long-standing, was permanently appointed to the classified position of Director, UDI. He served in that capacity until April 26, 1976 when he was granted a leave of absence without pay to serve an unclassified appointment as…