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THURBER v. CITY OF BURLINGTON

903 A.2d 1079 (2006)

387 N.J. Super. 279

Michelle THURBER, Plaintiff-Respondent/Cross-Appellant. v. CITY OF BURLINGTON, Defendant-Appellant/Cross-Respondent, and State of New Jersey Judiciary, and the Hon. John A. Sweeney, A.J.S.C., Defendants-Intervenors.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 2006.

Attorney(s) appearing for the Case

Cureton Caplan, Mt. Laurel, attorneys for appellant/cross-respondent (Karen M. Murray and Anthony Valenti, of counsel).

Weissman & Mintz, Somerset, attorneys for respondent/cross-appellant (Steven P. Weissman, on the brief).

Ballard, Spahr, Andrews & Ingersoll, Voorhees, attorneys for intervenors (Steven W. Suflas and Aisha M. Barbour, on the brief).

Zulima V. Farber, Attorney General, for the New Jersey Merit System Board (Pamela N. Ullman, Deputy Attorney General, on the brief).

Before Judges C.S. FISHER, YANNOTTI and C.L. MINIMAN.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we reject the argument of the Judiciary and the argument of plaintiff's employer, the City of Burlington (City), that it was the assignment judge of the vicinage and not the Merit Systems Board which should have determined whether or to what extent plaintiff, a deputy municipal court administrator, should be disciplined as a result of circumstances surrounding her encounter with police...

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