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Stahl v. Township of Montclair

Superior Court of New Jersey, Appellate Division

November 7, 2013

WILLIAM STAHL, IRENE GADON STAHL, ROYLAN GADON, and JOHN ERIC GADON, by their Guardians ad Litem, Plaintiffs-Appellants,
v.
THE TOWNSHIP OF MONTCLAIR, ALAN TREMBULAK, KENNETH STRAIT, JR., ROBERT MCLOUGHLIN and PATRICK CIANCITTO, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 29, 2013

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-7034-09.

Craig V. O'Connor argued the cause for appellants (Craig V. O'Connor, attorney; William Stahl and Irene Stahl, on the pro se brief).

Jacqueline A. DeGregorio argued the cause for respondents (Weiner Lesniak LLP, attorneys; Ms. DeGregorio and James E. Hajel, on the brief).

Before Judges Espinosa and O'Connor.

PER CURIAM

One United States District Judge has described plaintiff's litigation conduct as "frivolous, and an egregious manipulation of both the New Jersey and federal judicial systems." We need not recite more facts and procedural history than the following.

Defendants timely filed a summary judgment motion. Plaintiffs elected to fail to submit substantive opposition pursuant to Rules 4:46-1, -2(b). Instead, on the day before the return date for the motion, they filed a Chapter 13 bankruptcy petition in an effort to seek a stay of defendants' defense to the proceeding plaintiffs had initiated and, on the return date of the motion, attempted to remove the same action they had filed to federal court. They now appeal from the order that granted summary judgment to defendants and the court's denial of other requests for relief they made. Plaintiffs' arguments lack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.


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