IN THE MATTER OF TIMOTHY CASSIDY, KEAN UNIVERSITY

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2298-09T3

IN THE MATTER OF TIMOTHY

CASSIDY, KEAN UNIVERSITY.

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November 8, 2010

Argued: October 27, 2010 - Decided:

Before Judges Cuff and Sapp-Peterson.

On appeal from a Final Decision of the Civil Service Commission, Docket No. 2010-1118.

Stephen E. Klausner argued the cause for appellant Timothy Cassidy.

Mamta Patel, Senior Deputy Attorney General, argued the cause for respondents Kean University and the Civil Service Commission (Paula T. Dow, Attorney General, attorney; LewisScheindlin, Assistant Attorney General, of counsel; Ms. Patel, on the brief).

PER CURIAM

In this appeal, we review an order awarding $19,860 in counsel fees. Appellant Timothy Cassidy was reinstated to his position as a security officer at Kean University after the Civil Service Commission (CSC) reversed his removal. As the prevailing party, Cassidy was entitled to counsel fees.

Appellant argues that CSC misapplied N.J.A.C. 4A:2-2.12, the rule governing the award of counsel fees, because the fee awarded by the CSC does not reflect the skill and experience of his attorney required to prevail and gain reinstatement.

We affirm substantially for the reasons set forth in the December 3, 2009 Final Administrative Action of the CSC.