NEWMAN v. RAMAPO COLLEGE OF N.J.


793 A.2d 120 (2002)

349 N.J. Super. 196

Thelmon NEWMAN, Plaintiff-Appellant, v. RAMAPO COLLEGE OF NEW JERSEY, Alice Chandler, Interim President of Ramapo College, and The Board of Trustees of Ramapo College, and Thomas W. Dunn, Roland A. Alum, Gail P. Brady, B. Lawrence Branch, Geraldine Reed Brown, Robert Corman, Emily Mann, W. Peter McBride, Arthur C. Ramirez, Ruth E. Spellman, as individual members of the Board of Trustees of Ramapo College, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 2002.


Attorney(s) appearing for the Case

Mark P. Denbeaux argued the cause for appellant in both appeals (Denbeaux & Denbeaux, attorneys; Joshua W. Denbeaux, Westwood, of counsel and on the brief in both appeals).

Charles A. Sullivan argued the cause for appellant in both appeals.

Barbara M. Kleva, Deputy Attorney General, argued the cause for respondents in both appeals (David Samson, Attorney General, of counsel; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Kleva, Deputy Attorney General, on the brief in A-1241-00T2 and Michael J. Haas, Assistant Attorney General, of counsel; Melissa E. Hager, Deputy Attorney General, on the brief in A-1243-00T2).

Before Judges CIANCIA, PARRILLO and COLEMAN.


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

These related appeals were calendared together and argued before us at the same time. The resolution of one of them moots the other and we choose to combine their dispositions into one opinion. Although various issues are raised, we resolve both appeals upon the determination that a state agency is not at liberty to "reconsider" the "deemed adopted" decision of an...

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