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5 N.J.A.R. 175

Scotch Plains-Fanwood Regional School District, Board of Education of the; Scotch Plains-Fanwood Association of School Aides v
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Citation: 5 N.J.A.R. 175
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Forty-eight individuals employed by the respondent asserted that they were entitled to sick leave for their years of employment prior 'to 1979. The administrative law judge assigned to the case determined that their petition was filed out of time based on N.J.A.C 6:24-1.2 which provides for the filing of a petition before the Commissioner of Educa- tion within 90 days of the event giving rise to the claim. The judge noted that a cause of action accrues on the date on which the right to institute and maintain a suit first arose and that petitioners could not take advantage of any continuing violation theory because they had failed to prove any continuing violation of the statute. The judge determined that, at the very latest, petitioners should have filed no later than 90 days after the end of the 1979 school year but had failed to do so. Finding that no injustice or inequity would result, the judge applied the statute of limitations and ordered the matter dismissed. Casper P. Boehm, Jr., Esq., for Scotch Plains-Fanwood Board of Education, toorant-respondent Gerald M. Goldberg, Esq., and Sheldon H. Pincus, Esq. for Scotch Plains-Fanwood Assoc. of School Aides, (Goldberg & Simon, at- torneys)
Rule(s) Cited: 6:24-1.2 6:24-1.19