Sunday, January 31, 2016
Christina Silviera-Francisco v. Board of Education of Elizabeth (A-28-14;
Christina Silviera-Francisco v. Board of Education of
Elizabeth (A-28-14; 074974)
The Commissioner’s September 2012 decision, which rejected the ALJ’s Initial Decision and remanded to the OAL for calculation of tenure and seniority rights, was an interlocutory order. Until the calculation was complete and adopted by the Commissioner, all of the issues presented by the petitioner remained unresolved. The order became a final decision from which an appeal could be filed as of right only when the Commissioner adopted the decision of the ALJ following the remand proceedings.