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In re Foster

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 30, 2007

IN THE MATTER OF LILLIAN FOSTER, RIGHT OF WAY NEGOTIATOR (S6736F) AND RIGHT OF WAY NEGOTIATOR TRAINEE (S6737F), DEPARTMENT OF TRANSPORTATION.

On appeal from a Final Administrative Action of the Merit System Board, DOP Docket No. 2006-2185.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 15, 2007

Before Judges Holston, Jr. and Grall.

Lillian Foster appeals from final decisions of the Merit System Review Board dated October 20, 2005 and July 19, 2006. On October 25, 2005, the Board upheld the removal of her name from eligible lists for the positions of Right of Way Negotiator and Right of Way Negotiator Trainee. On July 19, 2006, the Board denied her request for reconsideration of the October 25, 2005 decision.

Foster raises the following issues on appeal:

I. PAMELA N. ULLMAN, DAG INITIALLY ACTED UNDER COLOR OF STATE LAW, WHEN SHE SUBMITTED THE STATEMENT OF ITEMS COMPRISING THE RECORD ON APPEAL TO THIS COURT ON SEPTEMBER 14, 2006, BECAUSE SHE HAD PERSONAL KNOWLEDGE THAT THERE WAS A PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY AND THEN SHE ACKNOWLEDGED THE PRIOR APPEAL BY FILING A CASE INFORMATION STATEMENT ON SEPTEMBER 19, 2006.

II. THE MERIT SYSTEM BOARD ERRED IN NOT ENFORCING ITS ORDER FOR INTERIM RELIEF DATED JULY 25, 2000 AGAINST THE NEW JERSEY DEPARTMENT OF TRANSPORTATION.

III. THE MERIT SYSTEM BOARD ERRED IN NOT ABIDING BY THE UNITED STATES AND NEW JERSEY CONSTITUTIONS, CIVIL SERVICE ACT, NEW JERSEY LAW AGAINST DISCRIMINATION, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AS AMENDED, AND ADA.

The arguments lack sufficient merit to warrant discussion in a written opinion, and we affirm substantially for the reasons stated by the Board in its written decisions of October 20, 2005 and July 19, 2006. See R. 2:11-3(e)(1)(E).

20070530

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