Legal Opinion

Abbruzzese v. Berzak

District Court, D. New Jersey

Decided May 3, 1976No. Civ. 75-652PublishedCited by 5 opinions

1Opinion of the Court

OPINION

BIUNNO, District Judge.

Plaintiff sues for relief in the nature of mandamus (or, possibly, procedendo) to compel the Civil Service Commission to accept his appeal from his removal as a mail carrier in the Postal Service. The removal took effect October 15, 1973, “[to] promote the efficiency of the service,” 5 U.S.C. § 7501(a).

He filed an appeal on January 30, 1974, long after the deadline of October 30, 1973, explicit reference to which was made in the “Letter of Decision” of September 24,1973, which told him of his proposed removal.

The New York Regional Office of the Commission wrote…

2Cases cited5 opinions

  1. Blackmar v. GuerreSupreme Court of the United States · 1952
  2. Switz v. Township of MiddletownSupreme Court of New Jersey · 1957
  3. In Re Application of Ny, Susquehanna & Western Rr Co.Supreme Court of New Jersey · 1957
  4. Roberts v. HolsworthSupreme Court of New Jersey · 1828
  5. Institute for Weight Control, Inc. v. KlassenDistrict Court, D. New Jersey · 1972

3Cited by5 opinions

  1. Greenwood v. State Police Training CenterSupreme Court of New Jersey · 1992
  2. Moody v. MartinDistrict Court, W.D. Wisconsin · 1983
  3. Neal v. United States Postal ServiceDistrict Court, D. Utah · 1979
  4. Vincent L. Boylan v. United States Postal ServiceCourt of Appeals for the Eleventh Circuit · 1983
  5. Greenwood v. State Police Training CenterSupreme Court of New Jersey · 1992

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