ANATOL M. KOUS V. BOARD OF EDUCATION OF THE TOWNSHIP OF OLD BRIDGE, MIDDLESEX COUNTY, DAVID CITTADINO, ANTHONY ARICO, JOANN PISCATELLI, ANNE CHOMKO, NICOLE SALADINO, TOM RICHMOND, OLD BRIDGE EDUCATION ASSOCIATION AND NEW JERSEY EDUCATION ASSOCIATION, 4/3/12, (#127-12)

#127-12 (OAL Decision: Not yet available online)
ANATOL M. KOUS, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE TOWNSHIP 	: 	DECISION
OF OLD BRIDGE, MIDDLESEX COUNTY,
DAVID CITTADINO, ANTHONY ARICO, 	:
JOANN PISCATELLI, ANNE CHOMKO,
NICOLE SALADINO, TOM RICHMOND, 	:
OLD BRIDGE EDUCATION ASSOCIATION,
AND NEW JERSEY EDUCATION 	:
ASSOCIATION
:
RESPONDENTS.
:
SYNOPSIS
Petitioner filed an appeal in which he sought, inter alia, to reopen the tenure litigation that was
concluded against him by a final order of the Commissioner dated July 17, 2009, such outcome
resulting from petitioner’s failure to answer the tenure charges. The respondents sought dismissal
of the petition as untimely, and additionally contended that the Commissioner lacks jurisdiction
over the majority of petitioner’s claims.
The ALJ found, inter alia, that: 	applicable Department of Education regulations provide for a
ten-day limitations period for a motion for reconsideration, and a 45-day limitations period for an
appeal to the Appellate Division; as of the date of arguments in this matter, it had been 933 days
since the Commissioner issued the final decision at issue in this matter; petitioner presented no
excusable justification for such a delay; time-bars in litigation before the Commissioner are
promulgated with good reason and are uniformly enforced. The ALJ concluded that the petition
failed to state a claim upon which relief may be granted, dismissed petitioner’s appeal with
prejudice.
Upon full review and consideration, the Commissioner concurred with the findings and
conclusions of the ALJ, and adopted the Initial Decision of the OAL as the final decision in this
matter. 	The petition was dismissed with prejudice.
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.
April 3, 2012

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OAL DKT. NO. EDU 1409-12
AGENCY DKT. NO. 26-2/12
ANATOL M. KOUS, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE TOWNSHIP 	: 	DECISION
OF OLD BRIDGE, MIDDLESEX COUNTY,
DAVID CITTADINO, ANTHONY ARICO, 	:
JOANN PISCATELLI, ANNE CHOMKO,
NICOLE SALADINO, TOM RICHMOND, 	:
OLD BRIDGE EDUCATION ASSOCIATION,
AND NEW JERSEY EDUCATION 	:
ASSOCIATION
:
RESPONDENTS.
:
The record of this matter and the Initial Decision of the OAL have been reviewed.
Exceptions of petitioner and the respondents’ replies thereto – filed in accordance with the
requirements of N.J.A.C. 1:1-18.4 – were fully considered by the Commissioner in reaching his
determination herein.
Petitioner’s exceptions merely recast and reiterate his arguments advanced before
the Administrative Law Judge (ALJ) below. As such exceptions raise no meritorious challenge
to the ALJ’s Initial Decision recitation and determination, elaboration on petitioner’s submission
is unnecessary here.
Upon full review and consideration, the Commissioner concurs with the ALJ – for
the reasons presented in his Initial Decision – that this matter is appropriately dismissed for
failure to state a claim upon which relief may be granted.

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Accordingly, the recommended decision of the OAL is adopted as the final
decision in this matter and the instant petition of appeal is hereby dismissed with prejudice.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: April 3, 2012
Date of Mailing: 	April 4, 2012
* 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).