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TONELLI v. BD. OF EDUC. OF WYCKOFF

862 A.2d 60 (2004)

373 N.J. Super. 421

Alfred TONELLI, Administrator Ad Prosequendum of the Estate of Virginia T. Tonelli, Deceased, Plaintiff-Appellant, v. BOARD OF EDUCATION OF TOWNSHIP OF WYCKOFF and the Township of Wyckoff, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2004.

Attorney(s) appearing for the Case

Donald A. Kessler, Florham Park, argued the cause for appellant (Schwartz, Simon, Edelstein, Celso & Kessler, attorneys; Mr. Kessler, on the brief).

Jeffrey L. Shanaberger, Princeton, argued the cause for respondents (Hill Wallack, attorneys; Mr. Shanaberger and Marilyn S. Silvia, on the brief).

Before Judges CUFF, WEISSBARD and KIMMELMAN.

The opinion of the court was delivered by

WEISSBARD, J.A.D.

In Hamel v. State, 321 N.J.Super. 67, 728 A.2d 264 (App.Div.1999), and again in Gerber v. Springfield Bd. of Educ., 328 N.J.Super. 24, 744 A.2d 670 (App.Div.2000), we held that local Boards of Education are not entitled to the protection...

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