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Winthrop Mcgriff v. Board of Education of the Township of Orange

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 12, 2011

WINTHROP MCGRIFF, PETITIONER-APPELLANT,
v.
BOARD OF EDUCATION OF THE TOWNSHIP OF ORANGE, ESSEX COUNTY, RESPONDENT-RESPONDENT.

On appeal from a Final Decision of the Commissioner of the Department of Education, Docket No. 24-2/09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: January 5, 2011

Before Judges Cuff and Simonelli.

Petitioner Winthrop McGriff was employed as the part-time athletic director by respondent Board of Education of the Township of Orange. Respondent terminated petitioner's position after the high school soccer team was disqualified from tournament participation due to the use of non-matriculated students on the team. Petitioner sought review by the Commissioner of Education. He appeals from a final decision of the Commissioner dismissing his petition for lack of jurisdiction.

We affirm substantially for the reasons expressed by the Commissioner in her December 30, 2009 decision. Contrary to petitioner's argument, his dismissal involves a contractual claim that does not implicate the school laws. Bd. of Educ. of E. Brunswick v. Twp. Council of E. Brunswick, 48 N.J. 94, 102 (1966).

Affirmed.

20110112

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