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AZZARO v. BD. OF EDUC. OF TRENTON

DOCKET NO. A-0188-22.

307 A.3d 568 (2023)

477 N.J. Super. 427

Maria AZZARO, the New Jersey Education Association, and Mellk O'Neill, Petitioners-Appellants, v. BOARD OF EDUCATION OF the CITY OF TRENTON, Mercer County, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 2023.

Attorney(s) appearing for the Case

Edward A. Cridge argued the cause for appellants (Mellk Cridge LLC, attorneys; Arnold M. Mellk , Princeton and Edward A. Cridge, of counsel and on the briefs).

Rita F. Barone , Bedminster, argued the cause for respondent Board of Education of the City of Trenton (Flanagan, Barone & O'Brien, LLC, attorneys; Rita F. Barone, of counsel and on the brief).

Matthew J. Platkin , Attorney General, attorney for respondent Commissioner of Education ( Erin Herlihy , Deputy Attorney General, on the statement in lieu of brief).

Before Judges Mawla, Marczyk, and Chase.

The opinion of the court was delivered by

This appeal raises a novel issue of whether N.J.S.A. 18A:16-6 allows school board employees to wait until the final disposition of a civil or administrative action filed against them before seeking defense costs and indemnification from a school board. We conclude an employee cannot...

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