NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3361-09T4A-3361-09T4

PERTH AMBOY BOARD OF EDUCATION,

Appellant,

v.

CHRIS CHRISTIE, Governor

of the State of New Jersey,

Respondent.

____________________________________

Argued May 18, 2010 - Decided

Before Judges Carchman, Parrillo and Lihotz.

On appeal from Executive Order 14, February 11, 2010.

Richard E. Shapiro argued the cause for appellant.

Nancy Kaplen, Assistant Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General, attorney; Ms. Kaplen, of counsel; Ms. Kaplen and Michelle Lyn Miller, Senior Deputy Attorney General, on the brief).

PER CURIAM

On February 11, 2010, Governor Christie signed Executive Order 14 (EO14). 42 N.J.R. 660 (March 15, 2010). EO14 characterized the current State fiscal crisis as an emergency and directed the Director of the Division of Budget and Accounting (Director) to withhold State aid to school districts for the remainder of fiscal year (FY) 2010 in an amount equal to the anticipated surplus funds for each district as determined by the Commissioner of the Department of Education (Commissioner). Id. at 661. The executive order provided that if a district needs additional funds to offset the lost State aid for the remainder of school year 2009-2010, it may request that the Commissioner transfer funds from the surplus to the current year's operating costs. Id. at 661,