ABBOTT EX REL. ABBOTT v. BURKE


790 A.2d 842 (2002)

170 N.J. 537

Raymond Arthur ABBOTT, a minor, by his Guardian Ad Litem, Frances ABBOTT; Arlene Figueroa, Frances Figueroa, Hector Figueroa, Orlando Figueroa and Vivian Figueroa, minors, by their Guardian Ad Litem, Blanca Figueroa; Michael Hadley, a minor, by his Guardian Ad Litem, Lola Moore; Henry Stevens, Jr., a minor, by his Guardian Ad Litem, Henry Stevens, Sr.; Caroline James and Jermaine James, minors, by their Guardian Ad Litem, Mattie James; Dorian Waiters and Khudayja Waiters, minors, by their Guardian Ad Litem, Lynn Waiters; Christina Knowles, Daniel Knowles, and Guy Knowles, Jr., minors, by their Guardian Ad Litem, Guy Knowles, Sr.; Liana Diaz, a minor, by her Guardian Ad Litem, Lucila Diaz; Aisha Hargrove and Zakia Hargrove, minors, by their Guardian Ad Litem, Patricia Watson; and Lamar Stephens and Leslie Stephens, minors, by their Guardian Ad Litem, Eddie Stephens, Plaintiffs-Movants, v. Fred G. BURKE, Commissioner of Education; Edward G. Hofgesang, New Jersey Director of Budget and Accounting; Clifford A. Goldman, New Jersey State Treasurer; and New Jersey State Board of Education, Defendants-Respondents.

Supreme Court of New Jersey.

Decided February 21, 2002.


Attorney(s) appearing for the Case

David G. Sciarra, Executive Director, Education Law Center, Edison, and Paul L. Tractenberg, Newark, argued the cause for movants (Mr. Sciarra, attorney; Mr. Sciarra and Jennifer R. Weiser, on the briefs).

Nancy Kaplen, Assistant Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Ms. Kaplen, Michelle Lyn Miller and Michael C. Walters, Deputy Attorneys General, on the briefs).

Maxim A. Thorne, Deputy Director, argued the cause for amici curiae New Jersey Headstart Association, National Association for the Advancement of Colored People, Early Childhood Coalition of Paterson, and Early Childhood Coalition of Newark (John D. Atlas, Executive Director, Passaic County Legal Aid Society, attorney; Mr. Thorne and Maya Horton Harris, on the letter brief).

Richard E. Shapiro argued the cause for amici curiae City of Elizabeth Board of Education and City of Passaic Board of Education.

Francis X. Journick, Jr., Woodbridge, argued the cause for amicus curiae Board of Education of the City of Perth Amboy (Wilentz, Goldman & Spitzer, Eatontown, attorneys).

Cecelia M. Zalkind argued the cause for amicus curiae Association for Children of New Jersey (Ms. Zalkind, attorney; Cynthia C. Rice and Keri E. Logosso, on the letter brief).

Richard A. Friedman, Trenton, submitted a brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Fagella & Nowak, attorneys).

Paulette Brown, East Orange, submitted a letter in lieu of brief on behalf of amicus curiae The Black Minister's Council of New Jersey (Duane Morris & Heckscher, attorneys).


The opinion of the Court was delivered by PORITZ, C.J.

This is the second motion in aid of litigants' rights filed by the Education Law Center (ELC or plaintiffs) since the Court decided Abbott v. Burke, 153 N.J. 480, 710 A.2d 450 (1998) (Abbott V). See Abbott v. Burke, 163 N.J. 95, 748 A...

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