# Zimmerman v. Board of Education of City of Newark

> Supreme Court of New Jersey · June 29, 1962 · 38 N.J. 65

URL: https://www.frixlaw.com/law-library/cases/9755690

## Case

- **Full name:** Perry Zimmerman, Petitioner-Appellant, v. Board of Education of the City of Newark and Edward F. Kennelly, Superintendent of Schools, Respondents
- **Court:** Supreme Court of New Jersey
- **Decided:** June 29, 1962
- **Citations:** 38 N.J. 65; 183 A.2d 25; 1962 N.J. LEXIS 157
- **Precedential status:** Published
- **Opinion:** Concurrence by Proctor
- **Judges:** Proctor, Fkaktcis, Schettino, Weintkatjb
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9755690

## How later opinions describe it (automated extraction)

- stating that policy of tenure legislation “demands that permanent appointments be made only if the teachers are found suitable for the positions after a qualifying trial period”
- stating that interpretation of “employment” that would “shorten the length of the minimum probationary period * * * would clearly detract from the statutory purpose”
- recognizing employment began with the commencement of service

## Opinion text

Proctor, J.
(concurring). The issue in this case is a narrow one, i. e., is the appellant entitled to reinstatement as a teacher with tenure. I agree with the opinion of Justice Schettino that the appellant never achieved tenure status and therefore is not entitled to reinstatement on that basis. Since the answer to this question is dispositive of the case, I see no need for an excursion into tangential areas raised by the arguments.
Weintratjb, C. J., and Jacobs and Hall, JJ., concurring in result.
For affirmance — Chief Justice Weintraub, and Justices Jacobs, Erancis, Proctor, Hall, Schettino and Hane-man — 7.
For reversal — Hone.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9755690. Public record. Not legal advice.