MARGARET FERGESON V. BOARD OF EDUCATION OF THE BOROUGH OF HAWTHORNE, PASSAIC COUNTY, 3/1/18, (#66-18)

66-18
MARGARET FERGESON, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF HAWTHORNE,
PASSAIC COUNTY, 	:
RESPONDENT. 	:
_______________________________________
SYNOPSIS
Petitioner alleged that the Board violated N.J.S.A. 18A:30-2.1 when it charged her sick days for a
work-related injury/illness. 	Petitioner’s appeal was filed in the Office of Administrative Law
(OAL) in June of 2002.
The ALJ found, inter alia, that: 	this matter had remained dormant at the OAL for nearly 16
years; ALJ Celentano was assigned the case subsequent to the retirement of the original ALJ; in
October 2013, the petitioner’s counsel was contacted regarding the status of the case; the OAL
was advised that an update would be provided; however, despite subsequent repeated inquiries,
no response was forthcoming. 	The ALJ concluded that this matter should be dismissed with
prejudice.
Upon review, the Commissioner concurred with the ALJ that the petitioner has failed to
prosecute this matter. 	Accordingly, the Initial Decision of the OAL was adopted as the final
decision in this matter, and the petition was dismissed.
This synopsis is not part of the Commissioner’s decision. 	It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
March 1, 2018

OAL DKT. NO. EDU 5472-02
AGENCY DKT. NO. 135-5/02
MARGARET FERGESON, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF HAWTHORNE,
PASSAIC COUNTY, 	:
RESPONDENT. 	:
_______________________________________
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon 	such 	review, 	the 	Commissioner 	concurs 	with 	the
Administrative Law Judge’s determination that the petition of appeal should be dismissed for
failure to prosecute. 	Accordingly, the Initial Decision is adopted as the final decision in this
matter and the petition of appeal is dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	March 1, 2018
Date of Mailing: 	March 2, 2018
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.
(N.J.S.A. 18A:6-9.1).

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 05472-02
AGENCY DKT. NO. 135-5/02
MARGARET FERGESON,
Petitioner,
v.
BOARD OF EDUCATION OF THE BOROUGH
OF HAWTHORNE, PASSAIC, COUNTY,
Respondent.
___________________________________
Gail Oxfeld Kanef, Esq., for petitioner (Oxfeld Cohen, attorneys)
Ellen M. Walsh, Esq., for respondent (Fogarty & Hara, attorneys)
Record Closed: January 18, 2018 	Decided: January 18, 2018
BEFORE LESLIE Z. CELENTANO, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner alleges the Board’s action to charge her sick days for work related
injury/illness violates N.J.S.A. 18A:30-2.1. 	The matter was filed on June 18, 2002 and
initially 	assigned 	another 	Administrative 	Law 	Judge, 	and 	was 	reassigned 	to 	the
undersigned upon the retirement of the prior ALJ.

OAL DKT. NO. EDU 05472-02
2
On October 3, 2013, a judicial assistant at the Office of Administrative Law spoke
with counsel for petitioner, inquiring as to the status of this matter, and was advised that
an update would be provided. Nothing was heard thereafter.
On May 6, 2015, a voice mail was left for counsel for petitioner, however no
return call was received as to the status of the matter.
On June 22, 2016, counsel for petitioner was emailed regarding the status of this
matter, however no reply was received to that email.
On August 9, 2016, a voice message inquiring as to the status of this matter was
left for counsel for petitioner in this matter, however no reply was received.
On August 6, 2017, counsel for petitioner was emailed and also left a voice mail,
however there was no response received relative to the status of this matter.
On January 12, 2018, counsel for petitioner was emailed and a read receipt was
requested. 	A confirmation read receipt was received however there has been no reply
to the email.
Nearly sixteen years have elapsed since the filing and transmittal of this matter.
Accordingly, based upon all of the foregoing I FIND that this matter should be and
hereby is DISMISSED with prejudice.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.
This 	recommended 	decision 	may 	be 	adopted, 	modified 	or 	rejected 	by 	the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. 	If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless

OAL DKT. NO. EDU 05472-02
3
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.
Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER
OF THE DEPARTMENT OF EDUCATION, ATTN: 	BUREAU OF CONTROVERSIES
AND DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to
the judge and to the other parties.
January 18, 2018
DATE 	LESLIE Z. CELENTANO, ALJ
Date Received at Agency: 	January 18, 2018
Date Mailed to Parties:
dr