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Gabriel Iannacone v. Township of Maplewood

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


April 15, 2011

GABRIEL IANNACONE, PLAINTIFF-APPELLANT,
v.
TOWNSHIP OF MAPLEWOOD, DEFENDANT-RESPONDENT.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-8955-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 8, 2011

Before Judges Wefing and Koblitz.

Plaintiff Gabriel Iannacone appeals the dismissal of his action in lieu of prerogative writs filed pursuant to Rule 4:69-2. He has not provided us with a copy of this complaint, nor did he serve it on the Township of Maplewood. The complaint was dismissed by the trial court on December 4, 2009, because it was "improperly submitted" and because plaintiff failed to give notice to the Township. The order of dismissal reflects that plaintiff requested "a hearing on the charge of contempt, to be given credit for time spent in incarceration, and to be given an explanation why his driver's license is suspended." Iannacone appeals from this order. We affirm.

We recently affirmed Iannacone's convictions and monetary sanction of $1160, imposed by the Law Division after a guilty plea to various motor vehicle offenses in the Maplewood Municipal Court. State v. Iannacone, No. A-5209-08T4 (App. Div. October 28, 2010). The Township's attorney represents that "all warrants and related contempt charges have been withdrawn and/or dismissed by the Maplewood Municipal Court and that the only issue remaining for Mr. Iannacone to secure the return of his driver's license is to pay a restoration fee." The attached letter from the Maplewood Deputy Court Administrator clarifies that Iannacone must first pay the fees and penalties due Maplewood before paying the $100 restoration fee to the New Jersey Motor Vehicle Commission to restore his license. The Township's attorney indicates the payments to Maplewood may be made in installments.

Iannacone, who is currently incarcerated at Northern State Prison, requests "jail credit towards fines." See N.J.S.A. 39:5-36. Iannacone does not articulate why he believes he is entitled to such credit, other than that he waited many years serving a prison term with the offenses "lodged" against him before being brought to Maplewood Municipal Court. Iannacone's request for jail credit in lieu of fines should be made in the first instance to the sentencing court and not by way of a complaint in lieu of prerogative writs.

Affirmed.

20110415

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