July 28, 2010
MORTIMER HETSBERGER, PLAINTIFF-APPELLANT,
DEPARTMENT OF CORRECTIONS, AND GEORGE HAYMAN, COMMISSIONER, DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-5546-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 18, 2010
Before Judges Fuentes and Simonelli.
Plaintiff Mortimer Hetsberger appeals from the June 2, 2008 Law Division order dismissing his complaint with prejudice for lack of prosecution. Plaintiff also purports to appeal from the April 11, 2008 order denying his summary judgment motion. However, that order was interlocutory, and plaintiff did not seek leave to appeal. R. 2:2-3(b).
Plaintiff also failed to submit a transcript of the proceeding on June 2, 2008, R. 2:5-3(a), and did not address the dismissal issue in his appellate brief, thus waiving his right to do so, Jefferson Loan Co. v. Session, 397 N.J. Super. 520, 525 n. 4 (App. Div. 2008); Pressler, Current N.J. Court Rules, comment 4 on R. 2:6-2 (2010).
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