Opinion
Argued October 10, 1973 —
Decided October 23, 1973.
On certification to the Superior Court, Appellate Division, whose opinion is reported at 125 N.J. Super. 516.
Mr. Richard J. Weber, argued the cause for appellant ( Messrs. Madnick, Milstein and Mason, attorneys).
Miss Prudence H. Bisbee, Deputy Attorney General, argued the cause for respondents ( Mr. George F. Kugler, Attorney General of New Jersey, attorney; Mrs. Virginia Long Annich, Assistant Attorney General, of counsel.)
The judgment is affirmed substantially for the reasons expressed by the Appellate Division. Peter M. Rogers v. State of New Jersey, Board of Trustees, Teachers' Pension and Annuity Fund, Division of Pensions, Department of the Treasury, reported at 125 N.J. Super. 516 (App.Div. 1973).
For affirmance — Justices JACOBS, SULLIVAN, PASHMAN and CLIFFORD and Judge CONFORD — 5.
For reversal — None.