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Brennan v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 14, 2008

RICHARD M. BRENNAN, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR, AND ROSELLE PARK BOARD OF EDUCATION, RESPONDENTS.

On appeal from Board of Review, Department of Labor, Docket No. 122,192.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 6, 2008

Before Judges Skillman and Winkelstein.

Appellant Richard M. Brennan appeals from a final decision of the Board of Review, which affirmed a decision of an Appeal Tribunal that appellant was ineligible for unemployment compensation benefits from July 2, 2006, because he was employed by an educational institution and had a reasonable assurance of reemployment in the subsequent school year. We affirm substantially for the reasons set forth in the Appeal Tribunal's September 15, 2006 decision. Appellant was reappointed to his position on May 16, 2006, more than a month before the end of the school year. Although appellant did not receive a written contract or other formal notification of his reemployment at that time, as he had in prior years, due to ongoing labor negotiations over a new contract, appellant would have received notification at that time if he had not been reappointed and he easily could have confirmed his reappointment by communication with the principal or other school administrator. Therefore, the Appeal Tribunal correctly concluded that appellant had a reasonable reassurance of reemployment before the summer recess.

Finally, we note that the Division of Unemployment Insurance's obligation to determine whether a claimant is statutorily eligible for benefits is not dependent upon the filing of an appeal by the employer.

Affirmed.

20080514

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