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STATE v. OCH

852 A.2d 1143 (2004)

371 N.J. Super. 274

STATE of New Jersey, Plaintiff, v. William S. OCH, Jr., Defendant-Respondent. In the Matter of the Application of Middle Township Board of Education, Movant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 2004.

Attorney(s) appearing for the Case

James B. Arsenault, Vineland, Jr., argued the cause for appellant (Cooper, Levenson, April, Niedelman & Wagenheim, attorneys; Mr. Arsenault, of counsel and on the brief).

Michael L. Testa argued the cause for respondent William S. Och, Jr. (Basile & Testa, attorneys; Mr. Testa, of counsel and on the brief).

Before Judges CUFF, WINKELSTEIN and LARIO.

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

The issue we must resolve in this appeal is whether defendant's employer, Middle Township Board of Education (Board), is barred from seeking forfeiture of defendant's employment following his conviction of wandering or loitering for the purposes of obtaining a controlled dangerous substance contrary to N.J.S.A. 2C:33-2.1. The trial judge ruled that the employer was barred; we disagree and reverse.

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