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STATE-OPERATED SCH. DIST. v. GAINES

309 N.J. Super. 327 (1998)

STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, APPELLANT, v. ELMORE GAINES, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1998.

Attorney(s) appearing for the Case

Teresa L. Moore, argued the cause for appellant (McCarter & English, attorneys; Steven B. Hoskins, of counsel; Ms. Moore, on the brief).

David B. Friedman, argued the cause for respondent Elmore Gaines (Balk, Oxfeld, Mandell & Cohen, attorneys; Mr. Friedman, of counsel and on the brief).

Peter Verniero, Attorney General, did not argue but submitted a statement in lieu of brief for respondent Merit System Board (June K. Forrest, Senior Deputy Attorney General, on the statement in lieu of brief).

Before Judges BAIME and WEFING.

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

The State Operated School District of the City of Newark (District) discharged Elmore Gaines from his position as senior security guard for conduct unbecoming an employee, chronic absenteeism and lateness, theft, insubordination, failure to perform, and absence without leave. Gaines appealed to the Merit System Board (Board). The matter was referred to the Office...

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