DONVITO v. NORTHERN VALLEY


903 A.2d 508 (2006)

387 N.J. Super. 216

Kathleen DONVITO, Petitioner-Appellant, v. BOARD OF EDUCATION OF the NORTHERN VALLEY REGIONAL HIGH SCHOOL DISTRICT, Bergen County, Respondent-Respondent, and Louise Ryan, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 2006.


Attorney(s) appearing for the Case

Louis P. Bucceri, Clifton, argued the cause for appellant (Bucceri & Pincus, attorneys; Mr. Bucceri, of counsel and on the brief).

Cherie L. Adams, Newark, argued the cause for respondent Northern Valley Regional High School District Board of Education (Sills, Cummis, Epstein & Gross, attorneys; Ms. Adams, of counsel and on the brief; Steven M. Fleischer, Somerville, on the brief).

No brief was filed on behalf of intervenor-respondent Louise Ryan.

A brief was filed on behalf of amicus curiae Somerset County Educational Services Commission (Schwartz, Simon, Edelstein, Celso & Kessler, attorneys; Nicholas Celso, III, of counsel; Mr. Celso, Marc H. Zitomer, and Judith D. O'Donnell, Florham Park, on the brief).

A brief was filed on behalf of respondent New Jersey State Board of Education (Zulima V. Farber, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Carolyn Grace Labin, Deputy Attorney General, on the brief).

Before Judges WEFING, WECKER and FUENTES.


The opinion of the court was delivered by

WEFING, P.J.A.D.

Kathleen Donvito was employed by the Northern Valley Regional High School District Board of Education ("Northern Valley" or "Board") from 1995 to 2002. In 2002, Northern Valley notified her it was not renewing her contract for the upcoming school year. Donvito filed a petition with the Commissioner of Education alleging that Northern Valley violated her tenure rights. The matter was referred to the...

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