DINAPOLI v. BOARD OF EDUC.

DOCKET NO. A-5649-11T2

83 A.3d 857 (2014)

434 N.J. Super. 233

Judith A. DiNAPOLI, Petitioner-Respondent, v. BOARD OF EDUCATION OF the TOWNSHIP OF VERONA, Essex County, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2014.


Attorney(s) appearing for the Case

Michael J. Gross argued the cause for appellant (Kenney, Gross, Kovats & Parton, attorneys; Mr. Gross , Red Bank, of counsel; Daniel R. Roberts , Linden, on the briefs).

Paul E. Griggs argued the cause for respondent Judith A. DiNapoli (Lindabury, McCormick, Estabrook & Cooper, P.C., attorneys; Mr. Griggs , Westfield, of counsel and on the brief).

Jeffrey S. Chiesa , Attorney General, attorney for respondent Commissioner of Education ( Daniela Ivancikova , Deputy Attorney General, on the statement in lieu of brief).

Before Judges MESSANO, LIHOTZ and MANTINEO.


The opinion of the court was delivered by

MANTINEO, J.S.C. (temporarily assigned).

Respondent Board of Education of the Township of Verona (Board) appeals the final decision of the Commissioner of Education (Commissioner) finding petitioner Judith DiNapoli (DiNapoli) retained her secretarial tenure rights and could "bump" a non-tenured employee when her then position of assistant school business administrator was eliminated. Following our review, we conclude...

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