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City of East Orange v. Kynor

March 10, 2006

CITY OF EAST ORANGE, A MUNICIPAL CORPORATION IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SUSAN EVELYN KYNOR, OWNER BLOCK 62, LOT 14, 111 NORTH 17TH STREET, ASSESSED TO 111 NORTH 17TH STREET, EAST ORANGE, NEW JERSEY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Essex County, F-4919-03.

The opinion of the court was delivered by: Parker, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

Argued January 11, 2006

Before Judges Stern, Parker and Miniman.*fn1

Defendant Susan Evelyn Kynor is the owner of Block 62, Lot 14 in the City of East Orange (City). Defendant's property was one of a number of properties on which the City foreclosed for delinquent taxes. She appeals from an order entered on March 16, 2005 denying her motion to vacate the final judgment of foreclosure and ordering her not to file any further motions in the action without approval of the Essex County Assignment Judge. We reverse and remand.

The property at issue has been in defendant's family since 1903. It was transferred to defendant from her mother's estate on November 13, 2001. Two days later, on November 15, a tax sale certificate was issued transferring ownership of the property to the City due to delinquent municipal taxes. On March 21, 2003, the City filed a complaint to foreclose on the property.

Thereafter, defendant filed a "motion to show cause" seeking to compel the City to allow her to redeem the tax sale certificate for the amount listed in the resolution adopted by the City in August 2002 and the notice published in the Star-Ledger on April 2, 2003, $5,056.16, plus interest and costs. Defendant further sought to limit the City's claim for attorneys fees to $350.

On September 17, 2003, the trial court denied defendant's application, struck her answer and transferred the matter to the foreclosure unit to proceed as an uncontested matter in accordance with R. 4:64-1.

Defendant's application for a stay of that order was denied by the trial court on November 19, 2003. She appealed and we denied her motion for a stay on March 24, 2004. On June 2, 2004, the Supreme Court denied her motion for a stay pending appeal.

On June 29, 2004, we affirmed the trial court's decision denying defendant's "motion to show cause," stating that the trial judge's September 18, 2003 letter opinion "appear[ed] to have answered all the arguments presented on appeal."

On July 16, 2004, a final judgment of foreclosure was entered on the property. Thereafter, defendant moved before the Supreme Court for "reconsideration of her motion for leave to appeal." This application was denied on July 22, 2004. Defendant then moved for reconsideration of our decision, which we denied. Defendant's petition for certification was denied by the Supreme Court on November 10, 2004. On December 10, 2004, the trial court denied defendant's motion to stay its order of September 17, 2003 pending appeal. On that same date, December 10, the trial court denied defendant's motion to have the Essex County Register expunge the transfer of the property to the City. The trial judge stated that the motion was denied because:

Defendant's arguments are of a constitutional nature not previously raised before this court and should properly be addressed in her Petition for Certiorari to the United States Supreme Court.

Still not deterred, defendant moved for reconsideration and clarification of the Supreme Court's denial of certification. Those ...


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