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IN RE MARTINEZ

No. A-0090-07T2.

956 A.2d 386 (2008)

403 N.J. Super. 58

In the Matter of Kenneth R. MARTINEZ.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 2008.

Attorney(s) appearing for the Case

Craig S. Gumpel, Livingston, argued the cause for appellant Kenneth R. Martinez (Fox and Fox, LLP, attorneys; Mr. Gumpel, of counsel and on the brief; Benjamin Benson, on the brief).

Sean D. Dias argued, Lyndhurst, the cause for respondent City of Passaic (Scarinci & Hollenbeck, LLC, attorneys; Mr. Dias, of counsel and on the brief).

Lisa Dorio Ruch, Deputy Attorney General, argued the cause for respondent Merit System Board (Anne Milgram, Attorney General, attorney; Pamela N. Ullman, Deputy Attorney General, on the statement in lieu of brief).

Before Judges CARCHMAN, R.B. COLEMAN and SABATINO.

The opinion of the court was delivered by SABATINO, J.A.D.

Kenneth R. Martinez, a Fire Captain in the City of Passaic ("the City"), appeals a final agency decision of the Merit System Board ("the Board") dated July 27, 2007. The Board's decision rejected Martinez's challenge to the promotion of another Fire Captain over him to Deputy Fire Chief, despite that other individual's lack of the requisite prior time-in-grade as a Captain. We affirm the Board's decision in...

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