BOARD OF EDUCATION OF THE CITY OF ELIZABETH (ALEXANDER HAMILTON MIDDLE SCHOOL #72), UNION COUNTY, V. NEW JERSEY STATE DEPARTMENT OF EDUCATION, 5/20/02 (#203-02)

203-02
BOARD OF EDUCATION OF THE CITY OF 	:
ELIZABETH (ALEXANDER HAMILTON
MIDDLE SCHOOL #72), UNION COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
NEW JERSEY STATE DEPARTMENT 	: 	DECISION
OF EDUCATION,
:
RESPONDENT.
:
SYNOPSIS
ìAbbottî District appealed the Departmentís determination on its whole school reform funding
request for the 2001-2002 school year.
Upon review, Commissioner dismissed the appeal as requested by the District.
May 20, 2002

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OAL DKT. NO. EDU. 5584-01
AGENCY DKT. NO. 199-6/01
BOARD OF EDUCATION OF THE CITY OF 	:
ELIZABETH (ALEXANDER HAMILTON
MIDDLE SCHOOL #72), UNION COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
NEW JERSEY STATE DEPARTMENT 	: 	DECISION
OF EDUCATION,
:
RESPONDENT.
:
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. Petitionerís exceptions and respondentís reply thereto were duly
submitted in accordance with established timelines. Subsequently, petitioner filed a Motion to
Dismiss this matter on the ground of mootness to which a response was filed by respondent.
While the parties do not agree that the issues presented are moot, what is clear is that the District,
that party which initiated these proceedings, no longer wishes to continue its appeal and asks that
its appeal be dismissed.
Upon his independent and careful review of this local ìAbbottî Districtís appeal
of the Departmentís determination on its whole school reform funding request for the 2001-2002
school year, and based upon the papers filed by the parties with respect to petitionerís Motion to
Dismiss, the Commissioner finds it unnecessary to reach to the decision of the ALJ, as he
determines that this matter is appropriately dismissed.

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Accordingly, the Petition of Appeal is hereby dismissed.
IT IS SO ORDERED. *
COMMISSIONER OF EDUCATION
Date of Decision: 	May 20, 2002
Date of Mailing: 	May 21, 2002
*Pursuant to P.L. 2001, c. 130, ìAbbottî determinations are final agency actions appealable directly to the Appellate
Division at the New Jersey Superior Court.