CONTINI v. BD. OF EDUC. OF NEWARK


286 N.J. Super. 106 (1995)

668 A.2d 434

PETER B. CONTINI, ASSISTANT COMMISSIONER, DIVISION OF FIELD SERVICES, NEW JERSEY, DEPARTMENT OF EDUCATION, PETITIONER-RESPONDENT, v. BOARD OF EDUCATION OF NEWARK, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1995.


Attorney(s) appearing for the Case

Alan Dexter Bowman argued the cause for appellant (Brown & Brown and Mr. Bowman, attorneys; Mr. Bowman, Raymond M. Brown and Ernest G. Ianetti, of counsel and on the briefs).

Sally Ann Fields, Senior Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Fields, Kevin Marc Schatz and Elizabeth M. Laufer, Deputy Attorneys General, on the brief).

Melissa Vance Kirsch, attorney for amicus curiae New Jersey Association of School Administrators, submitted a brief.

Before Judges PETRELLA, SKILLMAN and P.G. LEVY.


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

The primary issue presented by this appeal is whether the Commissioner of Education (the Commissioner) is required under the provisions of the Public School Education Act of 1975, L. 1975, c. 212, as amended in 1987, L. 1987, c. 398, N.J.S.A. 18A:7A-1 to -52, which authorize the removal of a local board of education and the...

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