NADIA EL-RAYESS V. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF JERSEY CITY, HUDSON COUNTY, 3/1/18, (#69-18)

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69-18
NADIA EL-RAYESS, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
STATE-OPERATED SCHOOL DISTRICT 	: 	DECISION
OF THE CITY OF JERSEY CITY,
HUDSON 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 March of 2000.
The ALJ found, inter alia, that: this matter had remained dormant at the OAL for nearly 18 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 a letter withdrawing the matter would be forthcoming; despite subsequent repeated
inquiries, no withdrawal letter was issued. 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

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OAL DKT. NO. EDU 01879-00
AGENCY DKT. NO. 23-1/00
NADIA EL-RAYESS, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
STATE-OPERATED SCHOOL DISTRICT 	: 	DECISION
OF THE CITY OF JERSEY CITY,
HUDSON 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.
Upon such review, the Commissioner agrees with the Administrative Law Judge
that petitioner has failed to prosecute this matter. 	Accordingly, the Initial Decision is adopted as
the final decision in this matter, and the petition of appeal is hereby dismissed.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: March 1, 2018
Date of Mailing: 	March 2, 2018
* 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).

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 01879-00
AGENCY DKT. NO. 23-1/00
NADIA EL-RAYESS,
Petitioner,
v.
STATE 	OPERATED 	SCHOOL 	DISTRICT
CITY OF JERSEY CITY, HUDSON COUNTY,
Respondent.
___________________________________
Alan S. Porwich, Esq., for petitioner (Feintuch, Porwich & Feintuch, attorneys)
Charlotte Kitler, Esq., General Counsel, for respondent
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 March 8, 2000 and

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initially assigned to another Administrative Law Judge, and was reassigned to the
undersigned upon the retirement of the prior ALJ.
On October 3, 2013, a judicial assistant at the Office of Administrative Law spoke
directly with counsel for petitioner and was advised that a letter withdrawing the matter
would be forthcoming. Nothing was heard thereafter.
On May 22, 2014, the same judicial assistant left a message for counsel for
petitioner with his secretary, who indicated she would speak to him and advise. 	No
return call was received.
On May 6, 2015, the same judicial assistant left a message for counsel for
petitioner, again with his secretary. 	No return call was received as to the status of the
matter.
On June 22, 2016, counsel for petitioner was emailed, inquiring as to the status
of this matter, however no reply was received to that email.
On June 23, 2016, another email was sent to counsel for petitioner, however no
reply was received.
On August 9, 2016, a message was left for counsel for petitioner, again with his
secretary, to which no reply was received.
On August 2, 2017, counsel for petitioner was emailed and also was left a voice
message, however there was no response to either the email or the voice mail relative
to the status of this matter.
On January 17, 2018, another voice mail was left for counsel for petitioner, and
no reply has been received.

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Nearly eighteen 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
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