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CAPELLA v. BD. OF ED. CAMDEN CTY. VOC. TECH. SCH

145 N.J. Super. 209 (1976)

367 A.2d 444

JOSEPH CAPELLA AND LEONARD D. FITTS, APPELLANTS, v. BOARD OF EDUCATION OF CAMDEN COUNTY VOCATIONAL AND TECHNICAL SCHOOL, CAMDEN COUNTY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Mr. Edward J. Butrym argued the cause for appellants (Messrs. Ruhlman and Butrym, attorneys).

Mr. William C. Davis argued the cause for respondent (Messrs. Hyland, Davis & Reberkenny, attorneys).

A statement in lieu of brief was submitted by Mr. Robert J. Del Tufo, Acting Attorney General, attorney for respondent State Board of Education (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Ms. Jane Sommer, Deputy Attorney General, on the brief).

Before Judges LYNCH, MILMED and ANTELL.

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

The issue presented in this case is whether appellant guidance counsellors, employed for more than three academic years in an adult evening high school, working three hours a night for two evenings a week, may become tenured in such positions pursuant to N.J.S.A. 18A:28-5. Appellants are already tenured in their full-time employment in other school districts.

Appellant Fitts began his evening...

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