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State v. Rasinski

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 25, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT RASINSKI AND ERIN SMITH, DEFENDANTS, AND SETH GROSSMAN, APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Summons Nos. 0111-SC-007863 to 0111-SC-007868.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 4, 2008

Before Judges Lisa and King.

This is an appeal from an order entered by Judge Garofolo of May 25, 2007 dismissing this attempt to appeal an order of a municipal court dismissing several complaints for lack of probable cause. In his opinion of May 25, 2007 Judge Garofolo stated:

Pursuant to R. 3:24, a prosecuting attorney may appeal to the Superior Court, as of right, an order from a municipal court dismissing a complaint. Additionally, pursuant to R. 3:23-9, an attorney for a complaining witness or other interested party may be permitted to act for the municipal prosecutor. However, in order to do so, an interested party must submit a certification that conforms to the requirements of R. 7:8-7, and a court must review this certification and allow a private prosecution for "good cause shown."

A review of your application to This Court reveals that you have failed to file the requisite certification and motion to act for the municipal prosecutor. Thus, you lack standing to pursue this appeal and your application is denied.

See also Rule 3:23-9(d); see generally Pressler, Current N.J. Court Rules, comment on R. 7:8-7(b)(6.1); and State v. Storm, 141 N.J. 245 (1995).

We affirm for the reasons given by Judge Garofolo in his written opinion of May 25, 2007.

Affirmed.

20080625

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