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State v. Czartorsky

May 7, 2009

STATE OF NEW JERSEY, PLAINTIFF,
v.
MELISSA A. CZARTORSKY, M. SCOTT FITZ-PATRICK AND PATRICK J. GRIMES, DEFENDANTS-RESPONDENTS.



On appeal from Superior Court of New Jersey, Law Division, Camden County, Municipal Appeal No. 03-2008.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 25, 2009

Before Judges Parrillo, Lihotz and Messano.

Appellant Christopher R. Shafer appeals from an order entered on March 20, 2008, dismissing his appeal from a municipal court determination. Appellant, as a complaining witness, initiated municipal court complaints against Melissa A. Czartorsky, Esq., M. Scott Fitz-Patrick, and Patrick J. Grimes, Esq., alleging the defendants collectively obtained a copy of complainant's protected DMV records with image repository (pictures) under false pretenses (a "non-intended use") meant for "confidential investigation only" of someone else without the complainant's consent or knowledge for the purpose of disseminating the documents to the public and to at least seven individuals with the knowledge that this act can and has caused the complainant harm and has placed the complainant at risk for identity theft or fraud in violation of N.J.S.A. 2C:21-17.3 a 4th degree violation on at least seven counts.

The municipal court concluded it had no jurisdiction or there was no probable cause to sustain the charges and dismissed the complaints. Following the Law Division's de novo review, the Law Division judge concluded appellant lacked standing to present the actions.

On appeal, appellant recites these arguments in his merits brief:

POINT I

Appellant has Standing to Appeal the Decision of his Citizen's Criminal Complaints.

A. No Finding of Facts and Conclusion of Law by the Municipal Court Judge is Clear Abuse of Discretion.

B. The Superior Court Law Division Also Abuses Its Discretion By Failing to Provide a Hearing, a Finding of Facts and Conclusion of Law as Set Forth in the Preto Case.

POINT II

There [E]xists Probable Cause in the Criminal Violation of the Federal and State Privacy Acts and/or Title 2C of the Criminal Code by the Defendants' acts against the Appellant-Victim.

A. The Municipal Court Arbitrarily Failed To Apply The Totality of Circumstances Test In Its Determination of Probable Cause Against All Three Defendants As It Relates To The Criminal Statutes Within the ...


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