C.W., on behalf of minor child, A.W. V. BOARD OF TRUSTEES OF THE NORTH STAR ACADEMY, ESSEX COUNTY, 3/1/18, (#68-18)

68-18
C.W., on behalf of minor child, A.W., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
NORTH STAR ACADEMY,
ESSEX COUNTY, 	:
RESPONDENT. 	:
_______________________________________
SYNOPSIS
Petitioner challenged the Board’s decision to give her child a one day and a five day suspension.
Petitioner’s appeal was transmitted to the Office of Administrative Law (OAL) in July 2016.
Hearing dates were scheduled, but later adjourned based on the joint requests of the parties.
The ALJ found, inter alia, that: discovery demands were served on the petitioner in October 2017;
during a conference call on November 8, 2017, counsel for petitioner represented that she had been
unable to reach her client and had not been in touch with her for two months; 	counsel agreed to
advise the petitioner that if discovery was not forthcoming by November 30, 2017, the case would be
dismissed; on December 4, 2017, correspondence from petitioner’s counsel advised that no response
to the discovery requests had been received. Accordingly, 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

OAL DKT. NO. EDU 9857-16
AGENCY DKT. NO. 169-6/16
C.W., on behalf of minor child, A.W., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
NORTH STAR ACADEMY,
ESSEX 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 to the Initial Decision.
Upon 	such 	review, 	the 	Commissioner 	concurs 	with 	the
Administrative Law Judge’s determination that the petition of appeal should be dismissed for
failure to prosecute. 	Accordingly, the Initial Decision is adopted as the final decision in this
matter and the petition of appeal is dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	March 1, 2018
Date of Mailing: 	March 2, 2018
1 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 09857-16
AGENCY DKT. NO. 169-6/16
C.W., ON BEHALF OF MINOR CHILD, A.W.,
Petitioner,
v.
BOARD OF EDUCATION OF THE NORTH
STAR ACADEMY, ESSEX COUNTY,
Respondent.
___________________________________
Julie Warshaw, Esq., for petitioner (Warshaw Law Firm, LLC, attorneys)
Cherie L. Adams, Esq., for respondent (Adams, Gutierrez & Lattiboudere, LLC,
attorneys)
Record Closed: January 18, 2018 	Decided: January 18, 2018
BEFORE LESLIE Z. CELENTANO, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner challenged the Board’s decision to give her child a one day and a five-
day suspension. The petitioner’s request for a hearing was granted and the matter was

transmitted to the Office of Administrative Law (OAL) on July 5, 2016, for a hearing as a
contested case. 	Hearing days were scheduled and adjourned based on the joint
requests of the parties to permit opportunities for resolution.
Discovery demands were served on petitioner on October 16, 2017. Thereafter a
conference 	call 	was 	held 	on 	November 	8, 	2017, 	wherein 	petitioner’s 	counsel
represented that she had been unable to reach her client and had not been in touch
with her for two months. 	The parties were advised that petitioner’s failure to provide
responses to discovery would result in dismissal of the within matter. 	Petitioner’s
counsel agreed that she would attempt to notify her client via certified and regular mail
that the case would be dismissed if responses to the previously propounded discovery
were not forthcoming by November 30, 2017. The parties agreed in that conference call
that the hearing scheduled for November 13, 2017 would be adjourned.
On 	December 	4, 	2017, 	correspondence 	was 	received 	from 	counsel 	from
respondent advising that no responses to discovery requests had been received, and
requesting that the matter be dismissed. 	On January 2, 2018, counsel for respondent
again corresponded with the undersigned, asking that the matter filed more than a year
and a half ago be dismissed for failure to produce answers to discovery or otherwise
prosecute the claims.
Based upon the foregoing, I FIND that this matter should be and is hereby
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