Belinda Allen v. Board of Education of the Town of Hammonton, Atlantic County, 6/27/25 (#327-25)

327-25
OAL Dkt. No. 11670-13
Agency Dkt. No. 158-7/13
New Jersey Commissioner of Education
Final Decision
Belinda Allen,
Petitioner,
v.
Board of Education of the Town of Hammonton,
Atlantic County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed and considered. The parties did not file exceptions.
Upon review, and for the reasons detailed in the Initial Decision, the Commissioner agrees
with the Administrative Law Judge (ALJ) that petitioner’s appeal is moot.
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.1
COMMISSIONER OF EDUCATION
Date of Decision: 	June 27, 2025
Date of Mailing: 	June 30, 2025
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.

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 11670-13
AGENCY DKT. NO. 158-7/13
BELINDA D. ALLEN,
Petitioner,
v.
TOWN OF HAMMONTON
BOARD OF EDUCATION,
ATLANTIC COUNTY
Respondent.
Herbert J. Stayton, Jr., Esq., for petitioner (Stayton Law, LLC, attorneys)
William S. Donio, for respondent (Cooper Levenson, attorneys)
Record Closed: September 6, 2024 Decided: May 1, 2025
BEFORE SARAH H. SURGENT, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner, Belinda D. Allen (Allen), a former PreK-12 teacher for the Hammonton
Board of Education, appealed from respondent Board of Trustees of the Teachers’
Pension and Annuity Fund’s (Board) denial of her application for accidental disability (AD)

OAL DKT. NO. EDU 11670-13
2
retirement benefits in TYP 02021-15 and requested that this case be held in abeyance
pending the outcome of that appeal. On August 13, 2024, I issued an initial decision
denying her appeal from the denial of AD benefits, which was adopted by the Board on
September 6, 2024. Allen did not appeal from the Board’s decision.
Upon inquiry to the parties regarding this appeal, EDU 11670-13, for “an order
declaring that she was absent from her employment as a result of an injury caused by an
accident arising in the course of her employment and restoring [all of] her sick and
vacation time,” Allen’s attorney replied as follows:
It was always my position that the . . . matter involving the
Hammonton [Board of Education] should be held in abeyance
until the disposition of the appeal of the AD denial. It was my
hope that the decision on the appeal [in TYP 02121-15] would,
in essence, make [EDU 11670-13] moot . . . . I have
discussed the Initial Decision with Ms. Allen and she has
decided not to take any further action with regard to the denial
of her AD[ ] application should a Final Administrative
Determination be made adopting the result of the Initial
Decision.
[Email from Stayton to Donio and the Judge, dated September
6, 2024.]
The Hammonton Board of Education’s attorney did not respond. In light of my
denial of AD benefits in TYP 02021-15 which was adopted by the Board, and Allen’s
attorney’s position that that denial rendered Allen’s appeal in this case moot as Allen’s
claims arose out of the very same incident as in TYP 02021-15, I concur that this appeal
is moot.
ORDER
It is therefore ORDERED that Allen’s appeal in EDU 11670-13 hereby DISMISSED
AS MOOT.
I hereby FILE this initial decision with the ACTING COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.

OAL DKT. NO. EDU 11670-13
3
This recommended decision may be adopted, modified, or rejected by the ACTING
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 ACTING
COMMISSIONER OF THE DEPARTMENT OF EDUCATION. Exceptions may be filed
by email to ControversiesDisputesFilings@doe.nj.gov or by mail to Office of
Controversies and Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton,
New Jersey 08625-0500. A copy of any exceptions must be sent to the judge and to the
other parties.
May 1, 2025
DATE SARAH H. SURGENT, ALJ
Date Received at Agency:
Date Mailed to Parties:
SHS/nn