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CAPODILUPO v. W. ORANGE TP. ED. BD.

218 N.J. Super. 510 (1987)

528 A.2d 73

PHILIP CAPODILUPO, PETITIONER-RESPONDENT, v. BOARD OF EDUCATION OF THE TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, RESPONDENT-APPELLANT, AND MARGARET SAVAGE AND PATTI VAN CAUWENBERGE, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1987.

Attorney(s) appearing for the Case

Stephen J. Christiano argued the cause for appellant (Samuel A. Christiano, attorney; Stephen J. Christiano, on the brief).

Richard A. Friedman argued the cause for petitioner-respondent (Ruhlman, Butrym & Friedman, attorneys; Richard A. Friedman, on the brief).

Alfred F. Maurice argued the cause for intervenor-respondent, Savage.

Ellis I. Medoway, Deputy Attorney General, argued the cause for the State Board of Education (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel and Ellis I. Medoway, on the brief).

Susan E. Galante argued the cause amicus curiae for New Jersey School Boards Association (Russell Weiss, Jr., General Counsel; Susan E. Galante, on the brief).

Before Judges PRESSLER, BAIME and ASHBEY.

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

On February 27, 1984, petitioner Philip Capodilupo's future employment as secondary school physical education teacher for the 1984-1985 school year was terminated by the Board of Education of the Township of West Orange (Board) pursuant to a reduction in force of its teaching staff (RIF). See N.J.S.A. 18A:28-9 et seq. He appealed to the Commissioner of Education (Commissioner), contending that...

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