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O'TOOLE v. FORESTAL

211 N.J. Super. 394 (1986)

511 A.2d 1236

ANNETTE O'TOOLE, APPELLANT, v. LARRY FORESTAL, PRINCIPAL, PARTHENIA SMITH, DIRECTOR, MILLBURN SCHOOL FOR THE HEARING HANDICAPPED A/K/A NEW JERSEY REGIONAL DAY SCHOOL AT MILLBURN AND DIVISION OF FIELD SERVICES OF THE DEPARTMENT OF EDUCATION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1986.

Attorney(s) appearing for the Case

Joseph Gordon argued the cause for appellant (Gordon & Kanengiser, attorneys; Eugene T. O'Toole on the brief; Joseph Gordon, of counsel and on the brief).

Gale P. Simon, Deputy Attorney General, argued the cause for respondents (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Gale P. Simon, on the brief).

Before Judges FRITZ, GAYNOR and BAIME.

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

In this appeal, petitioner challenges the final determination of the State Board of Education affirming the Commissioner of Education's decision that the termination of petitioner's position as physical education teacher in the Regional Day School at Millburn (RDSM), a State operated school for hearing impaired children, was not arbitrary or done in bad faith, that petitioner had abandoned her tenure and seniority...

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