Kelty v. State

The opinion of the court was delivered by

KLEINER, J.A.D.

Pursuant to leave to appeal granted, defendants State of New Jersey, Department of Law and Public Safety, Division of State Police, and Colonel Carl A. Williams, Superintendent, New Jersey State Police1 appeal from the denial of their cross-motion seeking summary judgment. We conclude that the motion judge incorrectly rejected the common law principle that public officers may be paid only for services rendered; thus defendants were entitled to partial summary judgment. We reverse and remand for further proceedings.

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