Raspavolov.New Jersey State Police

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISIONSep 20, 2011
DOCKET NO. A-3099-09T2 (N.J. Super. Sep. 20, 2011)

DOCKET NO. A-3099-09T2

09-20-2011

ANTHONY RASPAVOLO, Plaintiff-Appellant, v. NEW JERSEY STATE POLICE and TROOPER STAN JESSAMINE, in his official and individual capacities, Defendants-Respondents.

Basile, Birchwale & Pellino, LLP, attorneys for appellant (Florence D. Nolan, on the briefs). Paula T. Dow, Attorney General, attorney for respondents (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Thomas E. Kemble, Deputy Attorney General, on the brief).


NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

Amended Opinion

Before Judges Grall and LeWinn.

On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County, Docket No. DC-20692-09.

Basile, Birchwale & Pellino, LLP, attorneys for appellant (Florence D. Nolan, on the briefs).

Paula T. Dow, Attorney General, attorney for respondents (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Thomas E. Kemble, Deputy Attorney General, on the brief). PER CURIAM

This opinion supersedes our prior decision in this matter. On July 20, 2011, we issued an opinion reversing the January 22, 2010 order that denied plaintiff's motion to vacate an earlier order dismissing his complaint pursuant to Rule 4:6-2(e). Raspavolo v. N.J. State Police, No. A-3099-09 (App. Div. July 20, 2011) (slip op. at 2). In that opinion we noted that the record was devoid of any decision or statement of reasons by the motion judge in support of the January 22, 2010 order. Id. at 6-7. We nonetheless reversed to afford plaintiff an opportunity to have his opposition to defendants' dismissal motion considered on the merits. Id. at 7-8.

On July 27, 2011, we received a letter from the motion judge advising that he had orally supplemented the record pursuant to Rule 2:5-1(b) on March 12, 2010, by stating "supplementary findings of fact and conclusions of law, upon which [his] decision was based." We have never been provided with that statement of reasons.

"A party on appeal is obliged to provide the court with 'such . . . parts of the record . . . as are essential to the proper consideration of the issues.'" Soc'y Hill Condo. Ass'n, Inc. v. Soc'y Hill Assocs., 347 N.J. Super 163, 177 (App. Div. 2002) (quoting Rule 2:6-1(a)(1)(H)). Thus, plaintiff's failure to provide us with the judge's supplemental statement of reasons constitutes a deficiency "which renders review impossible . . . ." Ibid. Without that statement of reasons, "we have no basis for determining that" the judge erred in denying plaintiff's motion to vacate the prior dismissal order. Ibid. Since plaintiff has "presented the matter to us in a manner which rendered review on the merits impossible, we have no alternative but to affirm." Id. at 177-78.

Affirmed.

I hereby certify that the foregoing is a true copy of the original on file in my office.

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CLERK OF THE APPELLATE DIVISION