WINTHROP MCGRIFF v. BOARD OF EDUCATION OF THE TOWNSHIP OF ORANGE ESSEX COUNTY (2011)

Superior Court of New Jersey, Appellate Division.

WINTHROP MCGRIFF, Petitioner-Appellant, v. BOARD OF EDUCATION OF THE TOWNSHIP OF ORANGE, ESSEX COUNTY, Respondent-Respondent.

DOCKET NO. A-3186-09T2

Decided: January 12, 2011

Before Judges Cuff and Simonelli.

Robert M. Schwartz, attorney for appellant. Love & Randall, attorneys for respondent Board of Education of the Township of Orange, Essex County (Chandra L. Rainey Cole, of counsel and on the brief). Paula T. Dow, Attorney General, attorney for respondent Commissioner of Education (Susan M. Huntley, Deputy Attorney General, on the statement in lieu of brief).

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.

PER CURIAM

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