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State of New Jersey, Department of Environmental Protection, Division v. Marybeth Surmonte-Bennett

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 29, 2012

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF FISH & WILDLIFE, PLAINTIFF-RESPONDENT,
v.
MARYBETH SURMONTE-BENNETT, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Municipal Appeal No. 0054-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 14, 2012 --

Before Judges Cuff and Waugh.

Defendant Marybeth Surmonte-Bennett appeals the judgment of the Law Division, following a trial de novo on the record from the municipal court of Little Egg Harbor Township, imposing civil fines pursuant to N.J.S.A. 23:2A-10(e) for (1) illegal possession of a regulated non-game species, a Great Horned Owl, without a permit, in violation of N.J.A.C. 7:25-4.2(a); (2) illegal possession of a regulated non-game species, a Cooper's Hawk, without a permit, in violation of N.J.A.C. 7:25-4.2(a); and (3) illegal liberation of a regulated non-game species, a Cooper's Hawk, without a permit, in violation of N.J.A.C. 7:25- 4.2(b). The judge imposed a $2500 fine for each violation, to be paid at the rate of $150 per month, consecutive to payment of fines previously imposed in a similar civil enforcement action also arising out of Little Egg Harbor.*fn1

Having carefully reviewed the arguments made by Surmonte- Bennett in light of the record on appeal, we find those arguments to be without merit and not warranting discussion in a written opinion. R. 2:11-3(e)(1)(E). Consequently, we affirm for the reasons stated by Judge Charles Middlesworth, Jr., in his comprehensive written decision of May 2, 2011.

Affirmed.


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