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CAPONEGRO v. STATE OPER. SCH. DIST.

748 A.2d 1208 (2000)

330 N.J. Super. 148

Concetta B. CAPONEGRO, Virginia Devane, Howard Johnson, Norman Jeffries and Bessie White, Petitioners-Appellants, v. STATE OPERATED SCHOOL DISTRICT OF the CITY OF NEWARK, ESSEX COUNTY, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 14, 2000.

Attorney(s) appearing for the Case

Sanford R. Oxfeld, Newark, for petitioners-appellants (Balk, Oxfeld, Mandell & Cohen, attorneys; Mr. Oxfeld, of counsel and on the brief).

Cherie L. Maxwell, Newark, for respondent-respondent State-Operated School District of the City of Newark (Sills Cummis Radin Tischman Epstein & Gross, attorneys; Perry L. Lattiboudere, on the brief).

Terri A. Cutrera, Deputy Attorney General, for respondent-respondent State Board of Education (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Cutrera, on the brief).

Before Judges PRESSLER, KIMMELMAN and CIANCIA.

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

This controversy arises out of the July 12, 1995, State takeover of the Newark public school system pursuant to N.J.S.A. 18A:7A-34 to -52, the consequent removal of the Newark Board of Education (Board), and the creation of the State Operated School District of the City of Newark (District).

Petitioners are former senior staff members whose positions were abolished as a result of the takeover...

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