July 13, 2007
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
DAILY-NEED PHARMACY, ADESHINA BAMIGBADE, AND OLADIMEJI BAMIGBADE, DEFENDANTS-APPELLANTS.
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. 2006-026.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: June 27, 2007
Before Judges Skillman and King.
This is an appeal from a June 28, 2006 order of the Law Division, Judge Volkert, which dismissed defendants' appeal from convictions for health code violations in the Newark Municipal Court on May 4, 2006 for "failure to perfect said appeal, pursuant to New Jersey Court Rule 3:23-7." The Municipal Prosecutor's office in the Newark Department of Law in a May 1, 2007 letter to this court quite candidly agreed with the request for a remand because of the appellants' procedural difficulties.
The municipal attorney stated in his letter:
I have taken an opportunity to review the appellant's moving papers. After a review of the procedural history of this matter, including Appellant's difficulty in obtaining the necessary documents to perfect the appeal, the State, in the interest of justice, does not object to the matter being remanded to the Superior Court, Law Division, for a hearing on the merits.
We therefore vacate the dismissal of the appeal from the municipal convictions and remand to the Law Division for a hearing and determination of defendants' appeal on the merits.
Reversed and remanded.
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