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Mario Alberto Recinos v. Board of Trustees, Police and Firemen's Retirement System

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-5590-15T3 · judgment July 19, 2018


Certiorari denied · June 24, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The questions presented are:

  1. Should certiorari be granted as an important question of federal law that should be settled by this Court exists as the petitioner Mario Alberto Recinos’ due process rights were violated by the State of New Jersey, Department of the Treasury, Division of Pension and Benefits, as he was not required to re-enroll in the Police and Fireman’s Retirement System (PFRS) nor required to pay back retirement benefits he has received (and payments into the pension system) and the PFRS Board’s decision is arbitrary, capricious, unreasonable and incorrect and at the very least, petitioner should have been granted an evidentiary hearing?

  2. Should certiorari be granted as an important federal question exists as petitioner’s due process rights were violated since the decisions of the New Jersey state courts were arbitrary, capricious and unreasonable (with petitioner denied an evidentiary hearing)?

  3. Should certiorari be granted as an important federal question exists as petitioner’s due process rights were violated since the PFRS Board erred in finding as a factor that the petitioner did not contact the Division?

  4. Should certiorari be granted as an important federal question exists as petitioner’s due process rights were violated as the petitioner has the requisite breaks in service which were greater than 30 and 180 days as to any law enforcement position?

Counsel of record

For petitioner
John Vincent Saykanic
Attorney at Law

For respondent
Amy Chung
State of New Jersey, Office of the Attorney Genera

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 24 2019
    Petition DENIED.
  2. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  3. May 13 2019
    Waiver of right of respondent Board of Trustee, Police & Firemen's Retirement System to respond filed.
  4. Apr 18 2019
    Petition for a writ of certiorari filed. (Response due May 22, 2019)