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P.B.K. v. BOARD OF EDUC.

778 A.2d 1124 (2001)

343 N.J. Super. 419

P.B.K. on Behalf of Minor Child E.Y., Petitioner-Respondent, v. BOARD OF EDUCATION OF THE BOROUGH OF TENAFLY, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2001.

Attorney(s) appearing for the Case

Robert J. Merryman, Warren, argued the cause for appellant (Apruzzese, McDermott, Mastro & Murphy, attorneys; Mr. Merryman, of counsel and on the brief).

Michael J. Sprague argued the cause for respondent (Cillick & Sprague, attorneys; Mr. Sprague, of counsel and on the brief).

Donna M. Kaye argued the cause for amicus curiae New Jersey Schools Boards Association (Cynthia J. Jahn, attorney; Ms. Jahn, of counsel; Amy M. Fankhauser, on the brief).

John J. Farmer, Jr., Attorney General, attorney for respondent State Board of Education (Michael C. Walters, Deputy Attorney General, filed a statement in lieu of brief).

Before Judges STERN, COLLESTER and FALL.

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

The Tenafly Board of Education appeals from a final administrative determination of the State Board of Education entered on January 5, 2000, reversing the Commissioner of Education and concluding that Tenafly is required to provide a free public education to E.Y., who was residing in Tenafly with his uncle, P.B.K.

The salient facts at times pertinent to this appeal are that E.Y. was born in California...

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