Christina Silviera-Francisco, Petitioner-Respondent v. Board of Education of the City of Elizabeth…

Summary

The Supreme Court of New Jersey held that the Commissioner’s September 2012 decision was an interlocutory order, not a final agency action, and therefore was not appealable as of right. The Court reversed the Appellate Division’s judgment and remanded for the Board of Education’s issues to be considered. The decision clarifies that parties cannot confer jurisdiction on an appellate tribunal by merely filing a notice of appeal when the underlying order is interlocutory.