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STATE v. ERCOLANO

762 A.2d 259 (2000)

335 N.J. Super. 236

STATE of New Jersey, Plaintiff, and Branchburg Township Board of Education, Plaintiff-Appellant, v. Neal ERCOLANO, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 2000.

Attorney(s) appearing for the Case

David B. Rubin, Metuchen, argued the cause for appellant.

John E. Croot, Jr., Morristown, the cause for respondent (Rand, Algeier, Tosti & Woodruff, attorneys; Mr. Croot, on the brief).

June Forrest, Deputy Attorney General, argued the cause for amicus curiae New Jersey Department of Education (John J.

Farmer, Jr., Attorney General, attorney; Ms. Forrest, of counsel; Michael C. Walters, Deputy Attorney General, on the brief).

Cynthia J. Jahn, General Counsel, attorney for amicus curiae New Jersey School Boards Association (Donna M. Kaye, Senior Associate Counsel, on the brief).

Before Judges SKILLMAN, WECKER and LESEMANN.

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

This appeal involves the procedures for obtaining an order for forfeiture of public employment based upon a criminal offense, when the issue of forfeiture was not raised at the time of conviction.

Defendant Neal Ercolano, a teacher in the Branchburg Central School, was charged in the Branchburg Municipal Court with committing an assault upon one of the school's students. At defendant's trial, the...

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