Pashman Stein Walder Hayden partner Andrew Bayer won an appeal in an opinion delivered by the Hon. Jose Fuentes, P.J.A.D. on May 17, 2019 affirming the trial court’s decision granting Mr. Bayer’s Motion to Dismiss in lieu of Answer. The plaintiff sought compensatory and punitive damages against the Monmouth County Prosecutor’s Office (MCPO) for the alleged wrongful release of his expunged criminal record pursuant to a request made under the Open Public Records Act. Based upon the legal arguments presented on behalf of MCPO, the Appellate Court found that the plaintiff failed to adhere to the legislative requirements of the New Jersey Tort Claims Act by failing to file a timely Notice of Claim under the N.J.S.A. 59:8-8. The Court also found that plaintiff did not meet the standards of extraordinary circumstances to warrant an extension of time frame to file a late Notice of Claim as contemplated by the Tort Claims Act. Additionally, the Court found there is no private cause of action under the Expungement Statute, N.J.S.A. 2C:52-1 et. seq., thereby rejecting plaintiff’s argument that a Notice of Claim was not required.
K.S.1, Plaintiff-Appellant, v. Ryan Verrecchio, Cheri L. Cannon, Esq., Mathew Tully, Esq., and Tully Rinckey, Pllc, Defendants, and Monmouth County Prosecutor's Office can be viewed here.