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CARPENITO v. BOARD OF EDUC.

731 A.2d 538 (1999)

322 N.J. Super. 522

Edward CARPENITO, Petitioner-Respondent, v. BOARD OF EDUCATION OF the BOROUGH OF RUMSON, MONMOUTH COUNTY, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1999.

Attorney(s) appearing for the Case

J. Peter Sokol, for respondent-appellant (McOmber & McOmber, P.C., Red Bank, attorneys; Mr. Sokol, of counsel and on the brief).

Richard A. Friedman, for petitioner-respondent (Zazzali, Zazzali, Fagella & Nowak, attorneys; Rachel S. Flanagan, Long Branch, on the brief).

Arlene Goldfus Lutz, Deputy Attorney General, for the State Board of Education (John J. Farmer, Jr., Attorney General, attorney; Ms. Lutz, on the brief).

Cynthia J. Jahn, Director, Legal Department, for amicus curiae New Jersey School Boards Association (Michael F. Kaelber, Trenton, on the brief).

Before Judges KING, WALLACE and NEWMAN.

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

This appeal raises the issue of a tenured teacher's seniority and tenure rights under the Tenure laws, N.J.S.A. 18A:28-1 to -18, when a board of education hires a non-tenured teacher to fill a position previously held by the tenured teacher before the position was abolished. The tenured teacher was not dismissed by the board, but transferred to a full-time teaching...

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