Y.L., on behalf of minor child, J.W., v. Board of Education of the Town of Secaucus, 9/19/2023, (#285-23)

OAL Dkt. No. 00239-23
Agency Dkt. No. 358-12/22
New Jersey Commissioner of Education
Final Decision
Y.L., on behalf of minor child, J.W.,
Petitioner,
v.
Board of Education of the Town of Secaucus,
Hudson County,
Respondent.
The record of this matter, the Initial Decision of the Office of Administrative Law (OAL),
and the Stipulation of Dismissal signed by the parties have been reviewed and considered.
Upon review, the Commissioner concurs with the Administrative Law Judge that this
matter is no longer a contested case, and that dismissal is appropriate.
Accordingly, the petition of appeal is hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.
285-23
September 19, 2023
September 20, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 00239-23
AGENCY DKT. NO. 358-12/22
Y.L. ON BEHALF OF MINOR CHILD J.W.,
Petitioner,
v.
BOARD OF EDUCATION OF THE TOWN OF
SECAUCUS, HUDSON COUNTY,
Respondent.
______________________________________
Thomas J. Koehl, Esq. for petitioner
Stephen R. Fogarty, Esq. for respondent (Fogarty & Hara, attorneys)
Record Closed: August 29, 2023 	Decided: August 30, 2023
BEFORE NANCI G. STOKES, ALJ:
STATEMENT OF THE CASE
Petitioner, Y.L., filed a residency appeal on behalf of her child, J.W. 	Shortly
thereafter the Town of Secaucus Board of Education (Respondent) filed an Answer with
the State Department of Education. 	The matter was transmitted to the Office of

OAL DKT. NO. EDU 00239-23
2
Administrative Law (OAL) on January 9, 2023, for determination as a contested case
pursuant to N.J.S.A. 52:14F-1 to -13. 	A telephone prehearing was conducted on
February 27, 2023. 	Several conferences were scheduled thereafter, the last one being
August 29, 2023. 	On August 29, 2023, Petitioner’s counsel submitted a Stipulation of
Dismissal, which is attached hereto for reference.
Based on the foregoing, I CONCLUDE that this matter is no longer a contested
case before the Office of Administrative Law. It is therefore ORDERED that this matter
be and is hereby DISMISSED.
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.

OAL DKT. NO. EDU 00239-23
3
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.
August 30, 2023
DATE 	NANCI G. STOKES, ALJ
Date Received at Agency: 	August 30, 2023
Date Mailed to Parties: 	August 30, 2023
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