Kim Fioriglio v. State of New Jersey, Department of Personnel, Lindaanselmini, Commissioner of Personnel, Individually, Anthonyj. Cimino, Retired Director of Personnel, Individually,robert Maurer, Retired Director of Department of Personnel,steve Gordon, John Kraus, Chris Levy, John Does, Jane Does,1-100, Addresses Presently Unknown, As Those Who Hadresponsibility to Perform All Duties to Execute Apromotional Examination for Rank of Battalion Fire, 166 F.3d 1205 (3d Cir. 1998)