TRENTON – The state Attorney General’s Office filed another motion Thursday to stay the decision in the case of Judge Paul DePascale. The plaintiff judge successfully challenged the state’s pension and benefit reform law as it applies to members of the judicial branch, but the state wants the decision put aside until its appeal is heard.
The state was denied a stay of the decision by the lower court this week – which would have set into effect higher contributions for judicial health benefits until the case was final – but has now applied for another stay to the Appellate Division.
The state is claiming “irreparable injury” should the stay not be granted – in that the state is losing contributions while the court battle drags on – but in the previous denial the judge held that the state could recoup those losses at a later time if successful with the appeal.
Meanwhile, DePascale has asked the Supreme Court to take the case from the Appellate Division due to its public importance and timely nature.