July 17, 2008
IN THE MATTER OF ALEXANDER H. MARCOPUL, CORRECTION OFFICER RECRUIT (S9999F), DEPARTMENT OF CORRECTIONS
On appeal from Final Decision of Merit System Board, Department of Corrections, DOP Docket No. 2007-4596.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted July 1, 2008
Before Judges Skillman and Winkelstein.
This is an appeal from a final decision of the Merit System Board, which sustained appellant's removal from an eligible list for the position of Correction Officer Recruit, Department of Corrections, on the basis of an unsatisfactory background report.
Our review is limited to determining whether the agency's decision was arbitrary, capricious or unreasonable. In re Taylor, 158 N.J. 644, 657 (1999). We are satisfied, substantially for the reasons set forth in the Merit System Board's final decision, that the removal of appellant's name from the eligible list was not arbitrary, capricious or unreasonable. See Tharpe v. City of Newark Police Dep't, 261 N.J. Super. 401, 404-06 (App. Div. 1992).
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