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In re Marcopul

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.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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).

Affirmed.

20080717

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