HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 1 of 20 Trans ID: LCV20182079018

SZAFERMAN, LAKIND,
BLUMSTEIN & BLADER, P.C.
101 Grovers Mill Road, Suite 200
Lawrenceville, New Jersey 08648
By: Robert E. Lytle, Esq. (ID # 046331990)
Telephone: (609) 275-0400
Fax: (609) 275-4511
RLytle@szaferman.com
Attorneys for Plaintiff

JOSEPH ASCOLESE
Plaintiff,
vs.
CITY OF JERSEY CITY; CITY OF
JERSEY CITY COUNCIL; CITY OF
JERSEY CITY BUSINESS
ADMINISTRATOR, MARK BUNBURY, (in
his official capacity), CHIEF OF
POLICE MICHAEL KELLY (in his
official capacity); MAYOR STEVEN
M. FULOP, (in his official
capacity)
Defendants.

) SUPERIOR COURT OF NEW JERSEY
) LAW DIVISION: HUDSON COUNTY
)
) Docket No.
)
)
)
Civil Action
)
)
)
)
)
)
)
COMPLAINT IN LIEU OF
)
)
PREROGATIVE WRIT
)
)
)

The plaintiff, Joseph Ascolese ("Ascolese" or "Plaintiff"), by
way of complaint against the defendants, says:
THE PARTIES
1.

The plaintiff was employed as a police officer with the

City of Jersey City Police Department ("Police Department") and
held the rank of Captain.
2.

The City of Jersey City ("City") is located at 280 Grove

Street, Jersey City, New Jersey.

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 HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 2 of 20 Trans ID: LCV20182079018

3.

The

City

of

Jersey

City

Council

("Council")

is

the

governing legislative body for the City under the Faulkner Act.
The

Council's

business

office

is

located

at 280

Grove

Street,

Jersey City, New Jersey.
4.

Mark Bunbury is the Business Administrator for the City

of Jersey City ("Business Administrator") with offices at 280 Grove
Street, Jersey City, New Jersey.
5.

Chief of Police Michael Kelly ("Chief") is the Police

Chief of the Police Department with offices at One Journal Square
Plaza, Jersey City, New Jersey.
6.

Mayor Steven M. Fulop ("Mayor") is the Mayor of the

City of Jersey City with offices at 280 Grove Street, Jersey City,
New Jersey.
JURISDICTION AND VENUE
7.

This Court has jurisdiction to review the defendant

municipality's

decision

with

respect

to

the

police-related

employment matters by virtue of Rule 4:69-1; and N.J.S.A. 40A:14147 et seq.
8.

The Police Department is located within Hudson County

and all relevant acts occurred in Hudson County in violation of New
Jersey statutes, New Jersey common law, and/or the Constitution of
the State of New Jersey.

2832566.1

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FACTS
On February 1, 2015, Ascolese retired from the Jersey

9.

his pension shortly

City Police Department and began receiving
thereafter.
10.

On June 14, 2016 Indictment No. 16-06-0838 was filed

against Ascolese who at that time was a Captain with the City of
Jersey

City

Police

Three

Department.

other

individuals

were

charged; Lieutenant Kelly Chesler, P.O. Michael O'Neill and
P.O. Michael Maietti.
11.

The indictment consisted of 107 counts as to all of the

officers. Specifically, Plaintiff Ascolese was charged with
thirty-seven counts consisting of Conspiracy to Commit Theft by
Theft

Deception;

by

Records;

Falsifying

Deception;

Official

Misconduct; and Pattern of Official Misconduct. Numerous counts
were dismissed by the State prior to trial and the remainder of the
counts

were

dismissed

during

trial

by the

State's

own motion.

[Exhibit A].
12.

On June 20, 2016 a letter was sent to Robert Kakoleski

City Administrator for the City pursuant to N.J.S.A. 40A:14-155
demanding that the City provide the means for Ascolese's defense to
the

indictment.

[Exhibit

B].

On

June

27,

2016,

Assistant

Corporation Counsel for the City, Megan L. Morey, Esq., responded
denying the request for means for a defense. [Exhibit C] .

2832566.1

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13.
and

On June 12, 2017, the Board of Trustees of the Police

Fireman's

benefits

Retirement
result

a

as

of

System
the

suspended

indictment.

Ascolese's

pension

Ascolese's

pension

benefits remain suspended.
14.

On September 5, 2018 a trial of the criminal charges

against Ascolese
J.S.C.

commenced before the Honorable

Mirtha Ospina,

On October 23, 2018 Indictment No. 16-06-0838 was dismissed

as a result the State's motion to dismiss all charges based on its
admitted failure to be able to prove any criminal wrongdoing on the
part of Ascolese. [Exhibit A] .
15.
attorney's

A

further

fees

and

request
costs

in

was

made

connection

for
with

reimbursement
defense

of

of
the

criminal action by letter dated October 25, 2018 to the City Clerk,
Robert Byrne. [Exhibit D].
16.

By letter dated November 7, 2018 to Assistant

Corporation Counsel, Scott W. Carbone, Esq., Plaintiff's attorney
did not object to the City's request for more time to review the
matter. As of the filing of this Complaint, the City has refused
and/or failed to reimburse Ascolese for legal fees and costs in
defense of the criminal matter or the departmental disciplinary
proceeding. [Exhibit E].

2832566.1

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COUNT ONE
17.

Plaintiff repeats and reiterates the allegations

contained in paragraphs 1 to 16 as though fully set forth herein.
18.

N.J.S.A. 40A:14-155 provides:

Whenever a member or officer of a municipal police
department or force is a defendant in any action or legal
proceeding arising out of and directly related to the
lawful exercise of police powers in the furtherance of
the
of
body
governing
the
duties,
official
his
with
or
officer
municipality shall provide said member
necessary means for the defense of such action or
proceeding, but not for his defense in a disciplinary
proceeding instituted against him by the municipality or
in criminal proceeding instituted as a result of a
complaint on behalf of the municipality. If any such
disciplinary or criminal proceeding instituted by or on
complaint of the municipality shall be dismissed or
finally determined in favor of the member or officer, he
shall be reimbursed for the expense of his defense.
19.

At all times, plaintiff Ascolese's actions arose out of

and were directly related to the lawful exercise of his police
powers in the furtherance of his official duties.
20.

By refusing to provide a means for his defense and

subsequently refusing to reimburse Ascolese despite the dismissal
of all criminal charges, the defendants are in willful violation of
New Jersey law, injuring plaintiff.
WHEREFORE,

Plaintiff,

Joseph

Ascolese,

demands

judgment

against the Defendants as follows:

2832566.1

(a)

Reimbursing Ascolese for all attorney's fees and costs
pursuant to N.J.S.A. 40A:14-155;

(b)

Reimbursing Ascolese for all pension benefits, and other
damages;

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(c)

ms just and equitable.

Such other relief as this Cour

IND, BLUMSTEIN
P.C.
r Plaintiff

SZ

BY:
YTLE, ESQ.

RO

DESIGNATION OF TRIAL COUNSEL
Pursuant

to

R.4:25-4,

Robert

E.

Esq.,

Lytle,

hereby

is

designed as trial counsel in this matter.
CERTIFICATION PURSUANT TO R.4:5-1
I certify that the matter in controversy in the within action
is not the subject of any other action br arbitration proceeding,
pending

or

contemplated,

in

any

court,

that

and

are

there

no

additional parties who should be joined in this action. E. 4:5-1.
In addition, we recognize the continuing obligation of each party
to

file

and

serve

on

all

parties

and

the

court

an

amended

certification if there is a change in the facts stated in this
original certification.
I certify that the foregoing statements made by me are true.
I am aware that if any of the foregoing statements made by me are
wilfully false, I am subject to punishment.
SZAFE

D, BLUMSTEIN
laintiff

BY:

2832566.1

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 HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 7 of 20 Trans ID: LCV20182079018

CERTIFICATION PURSUANT TO R.4:69-4
Pursuant to Rule 4:69-4, I hereby certify that to my knowledge
there

are

no

with

transcripts

respect to

the

underlying

local

agency decision.
I certify that the foregoing statements made by me are true.
I am aware that if any of the foregoing statements made by me are
wilfully false, I am subject to punishment.
FERMAN, LAK1IND, BLUMSTEIN
& BLADER,
intiff
Attorneys f

BY:
ROB

E. LYTLE, ESQ.

CERTIFICATION OF NO CONFIDENTIAL PERSONAL IDENTIFIERS
Confidential personal identifiers have been redacted from any
documents now submitted to the Court, and will be redacted from all
documents

submitted

in

the

future

in

accordance

with

1:38-7(b).
SZAFE

D, BLUMSTEIN
C.
aintiff

BY
ROBERT E. LYTLE, ESQ.
Dated: November

2832566.1

, 2018

-7-

Rule

 HUD-L-OO4750-18 11/30/2018 2:40:52 PM Pg 8 of 20 Trans ID: LCV20182079018

 



3?

 

 

 

 

HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 9 of 20 Trans ID: LCV20182079018
HUD-16-001996 10/17/2018 Pg 1 of 1 Trans ID: CRM2018641039

STATE OF NEW JERSEY

Plaintiff,

Joseph Ascolese.

SUPERIOR COURT OF NEW JERSEY
CRIMINAL DIVISION: HUDSON COUNTY
Case No.: 16-06-0838-I

JUDGEMENT OF ACQUITTAL

Defendant,

THIS MATTER having been opened to the Court by Robert Lytle;Esq., attorney for the
Defendant, Joseph Ascolese and in the presence of the State, represented by Assistant Prosecutor
Peter Stoma, Esq., and the Court having considered and heard the arguments of counsel,
and for good cause having been shown;
IT IS on this 17th day of October, 2018;
ORDERED,this defendant's motion to acquit, as to counts 1, 4,94,95, 96, and 97,and
only these counts, is hereby GRANTED for reasons stated on the record on October 12, 2018.

MIRTHA OSPINA,J.S.C.

 HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 10 of 20 Trans ID: LCV20182079018
HUD-16-001996 10/24/2018 Pg 1 of 1 Trans ID: CRM2018661815

STA1E OF NEW JERSEY

Plaintiff,

SUPERIOR COURT OF NEW JERSEY
CRIMINAL DIVISION: HUDSON COUNTY
Case No.: 16-06-0838-I

Joseph Ascolese, et al,

ORDER DISMISSING WITH PREJUDICE

Defendant,

THIS MATTER having been opened to the Court by Peter Stoma, Esq., representing the
State, in the presence of the defendant Joseph Ascolese, represented by Robert Lytle, Esq.,
and for good cause having been shown;
IT IS on this 23rd day of October, 2018;
ORDERED,this defendant's remaining charges are dismissed with prejudice, for
reasons stated on the record.

 HUD-L-OO4750-18 11/30/2018 2:40:52 PM Pg 11 0120 Trans ID: LCV20182079018

 



l'D

 

 

 

 

HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 12 of 20 Trans ID: LCV20182079018
Arnold C. Lakind
Barry D, Szaferman
Jeffrey P. Blumstein
Steven Blader
Brian G. Paul+
Craig J. Hubert++
M ichael R, Paglione*
Lionel J. Frank**
Jeffrey K. Epstein+
Stuart A. Tucker
Scott P, Borsack***
Daniel S. Sweetser*
Robert E. Lytle
Janine G. Bauer***
Daniel J. Graziano Jr.
Nathan M. Edelstein**
Bruce M, Sattin***
Robert P. Panzer
Benjamin T. Branche*
Robert G. Stevens Jr.**

SZAFERMAN
LAK1ND
Szaferman,LAW,Blumstein & Wader,P.C.
Attorneys at Law
101 Grovers Mill Road,Suite 200
Lawrenceville, NJ 08648
p:609.275.0400
f:609.275.4511
www.szaferman.com

June 20, 2016

Of Counsel
Stephen Skillman
Linda R. Feinberg
Anthony J. Parrillo
Paul T. Koenig, Jr.
R obert A. Gladstone
Janine Danks Fox*
E. Elizabeth Sweetser
Keith L, Hovey
M ichael D. Brottman**
Lindsey Moskowitz Medvin**
Mark A. Fisher
Robert L. Lakind***
Thomas J, Manzo**
M elissa A. Chimbangu
Brian A. Heyesey
Christopher S. Myles
Christopher S, Kwelty
+Certified Matrimonial Attorney
++Certified Civil and Criminal Trial Attorney
*NJ & PA Bars
**NJ & NY Bars
***NJ, NY & PA Bars

Via Fax: 201-547-4833 & Regular Mail
OUR FILE NO, 79040,1

Mr. Robert J. Kaboleski, City Administrator
City of Jersey City
City Hall
280 Grove Street
Jersey City, NJ 07302
Re:

Capt. Joseph Ascolese
Indictment No. 16-06-0838

Dear Mr. Kaboleski:
This firm has been retained to represent Capt. Joseph
Ascolese (Ret.) of the City of Jersey City Police Department.
Capt. Ascolese has been charged with various offenses in the
above referenced indictment.
Please note that the allegations that give rise to these
offenses stem from Capt. Ascolese's duties as a Jersey City
Police Officer and were within the scope of his duties. Capt.
Ascolese denies these allegations and will be exercising his
constitutional right to trial.
Please accept this letter as notice pursuant to N.J.S.A.
40A:14-155 that Capt. Ascolese is seeking that the City of Jersey
City provide him with the means for a defense in this matter.
Please forward me any forms required to be filed regarding this
request,
Your prompt response is appreci
V ry truly y urs,

REL/amd
c: Client

2200355.1

Hobert E. Lytle

 HUD-L-OO4750-18 11/30/2018 2:40:52 PM Pg 13 0120 Trans ID: LCV20182079018



 

 

 

 

HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 14 of 20 Trans ID: LCV20182079018

CITY OF JERSEY CITY
DEPARTMENT OF LAW
CITY HALL•280 GROVE STREET•JERSEY CITY, NJ 07302
PHONE (201) 547-5229•FAX(201) 547-5230
JEREMY FARRELL

STEVEN M. FULOP

CORPORATION COUNSEL

MAYOR OF IERSET CITY

JUL - 5 2016
June 27,2016

Robert E. Lytle, Esq.
Szaferman,Lakind,
Blumstein & Blader, P.C.
101 Grovers Mill Road, Suite 200
Lawrenceville, N.J. 08648
Re:

Capt. Joseph Ascolese
Indictment No. 16-06-0838

Dear Mr. Lytle:
The Office of the Corporation Counsel received your client's request in connection with
the above referenced matter.
Please be advised that N.J.S.A. 40A:14-155 is only applicable in matters where the
officer is a defendant in any action arising out of and directly related to the lawful exercise of
police powers in furtherance of his official duties. As Capt. Ascolese has been charged with
conspiracy, theft by deception in the r and 4th degrees, falsifying records, official misconduct
and patterns of official misconduct in the 20(1 and 3r degrees, he is not entitled to a means for the
defense of such charges.
Please do not hesitate to contact me with any questions or concerns.
Very truly yours,
JEREMY FARRELL
CORPORATION COUNSEL

11

f

MEGAN L. MORE
Assistant Corporation Counsel
MLM/dc

 HUD-L-OO4750-18 11/30/2018 2:40:52 PM Pg 15 0120 Trans ID: LCV20182079018



 

 

 

HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 16 of 20 Trans ID: LCV20182079018
Of Counsel
Stephen Skillman
Linda R. Feinberg
Anthony J, Perrillo
Paul T. Koenig, Jr.
N athan M. Edelstein**
Keith L. Hovey***
Jeffrey M. Hall

Arnold C. Lakind
Barry D. Szaferman
Jeffrey P. Blumstein
Steven Blader - Rtd.
Brian G. Paul+
Craig J. Hubert++
Michael R. Paglione*
Lionel J. Frank"
Jeffrey K. Epstein+
Stuart A, Tucker
Scott P, Borsack***
Daniel S. Sweetser*
Robert E. Lytle
Janine G. Bauer*"
Daniel J. Graziano Jr.
Bruce M. Sattin***
R obert P. Panzer
Benjamin T. Branche*
Robert G. Stevens Jr.**
Michael 0, Brottman"
Janine Danks Fox*
Thomas J. Manzo"

SZAFERMAN
LAKIND
Szaferman, Lakind, Blumstein & Blader,P.C.
Attorneys at Law
101 Grovers Mill Road,Suite 200
Lawrenceville, NJ 08648
p:609.275.0400
f:609.275.4511
www.szaferman.com

Lindsey Moskowitz Medvin"
Robert L. Lakind***
Melissa A. Chimbangu
Brian A, Heyesey
Christopher S. Myles
Christopher S. Kwelty
Brandon C. Simmons*
Jason M. Sokel**
Counsel
B huchar Law Firm
www.bhucharlaw.com
Tel(609)514-5195

+Certified Matrimonial Attorney
++Cartified Civil and Criminal Trial
Attorney
"NJ & PA Bars
**NJ & NY Bars
***NJ, NY & PA Bars

Counsel
H uff, Moran & Orron, LLC
1246 South River Road
Cranbury, NJ 08512
Tel(609)655-3600

October 25, 2018
Via Regular Mail and Lawyers Service
Robert Byrne, Clerk
City of Jersey City
280 Grove Street
Jersey City, New Jersey 07302
Re:

Captain Joseph Ascolese (Ret.)
Indictment #16-06-0838

Dear Mr. Byrne:
This firm represents Captain Joseph Ascolese, who is retired from the
Department.

Jersey City Police

ned Indictment
This will confirm that all of the charges against Captain Ascolese contai
r 17, 2018, The
No. 16-06-0838 have been resolved. After two weeks oftrial, on Octobe
of Captain Ascolese
Honorable Mirtha Ospina, J.S.C., entered a Judgment of Acquittal in favor
ter, on October 23,
as to Counts 1, 4, 94, 95, 96 and 97 ofthe Indictment. (Exhibit A). Thereaf
with prejudice the
2018, Judge Ospina entered an Order granting the State's motion to dismiss
all charges
remaining Counts of the Indictment against Captain Ascolese, (Exhibit B). Since
demand is hereby
against my client have been dismissed, and pursuant to N.J.S.A. 40A:14-155,
ted with his
made that the City reimburse Captain Ascolese for all legal fees and costs associa
days ofthe
defense. Please be advised that, if you do not respond to this letter within seven (7)
against the
above date, an action will be commenced in the Superior Court of New Jersey
with attorney's
appropriate parties seeking all remedies to which my client is entitled together
fees and costs of suit.

2806515.1

 HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 17 of 20 Trans ID: LCV20182079018

SZAFERMAN
LAKIND

Ms. Robert Byrne
ofJersey City
City
Clerk,
October 25, 2018
Page 2

Please contact me if you have any questions

enc,
c:

iscuss the matter further.

)
James Shea, Public Safety Director(Via Regular Mail and Lawyers Service
)
Service
s
Lawyer
and
Chief Michael Kelly (Via Regular Mail
Peter Baker,Esq.(Via Regular Mail and Lawyers Service)
Client

2806515.1

 HUD-L-OO4750-18 11/30/2018 2:40:52 PM Pg 18 0120 Trans ID: LCV20182079018

 

I-EIHWHENEI



 

 

 

 

HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 19 of 20 Trans ID: LCV20182079018
Arnold C. Lakind
Barry D. Szaferman
Jeffrey P. Blumstein
Steven Blader Rtd.
Brian G. Paul+
Craig J. Hubert++
Michael R. Paglione*
Lionel J. Frank**
Jeffrey K. Epstein+
Stuart A. Tucker
Scott P. Borsack***
Daniel S. Sweetser*
Robert E. Lytle
Janine G. Bauer***
Daniel J. Graziano Jr.
Bruce M. Sattin***
Robert P. Panzer
Benjamin T. Branche*
Robert G. Stevens Jr.**
Michael D. Brottman**
Janine Danks Fox*
Thomas J. Manzo**

SZAFERMAN
LAKIND
Szaferman,Lakind,Blumstein & Blader,P.C.
Attorneys at Law
101 Grovers Mill Road,Suite 200
Lawrenceville, NJ 08648
p:609.275.0400
f:609.275.4511
www.szaferman.com

+Certified Matrimonial Attorney
++Certified Civil and Criminal
Trial Attorney
*NJ & PA Bars
**NJ & NY Bars
**"NJ, NY & PA Bars

Of Counsel
Stephen Skillman
Linda R. Feinberg
Anthony J. Perrillo
Paul T. Koenig, Jr.
Nathan M. Edelstein**
Keith L. Hovey***
Jeffrey M. Hall
Lindsey Moskowitz Medvin**
Robert L. Lakind***
Melissa A. Chimbangu
Brian A. Heyesey
Christopher S. Myles
Christopher S. Kwelty
Brandon C. Simmons*
Jason M. Sokel**
Counsel
Bhuchar Law Firm
www.bhucharlaw.com
Tel(609)514-5195
Counsel
Huff, Moran & Orron, LLC
1246 South River Road
Cranbury, NJ 08512
Tel(609)655-3600

November 7, 2018
Via Fax: 201-547-5230 & Regular Mail
Our File No.: 79045.1
Scott Carbone,

Assistant Corporation Counsel
For the City of Jersey City
Department of Law
City Hall
280 Grove Street
Jersey City, New Jersey 07302
Re:

Captain Joseph Ascolese (Ret.)
Indictment #16-06-0838

Dear Mr. Carbone:
dated October 31,
This will acknowledge receipt of your letter
October 25,
2018, which was written in response to my letter of
Ascolese for all
2018, demanding that the City reimburse Captain
the abovelegal fees and costs associated with his defense in
. According to
referenced matter pursuant to N.J.S.A. 40A:14-155
e response
your letter, the City intends to provide a substantiv
t
clien
my
that
sted
reque
has
and
within the next few weeks
time.
that
until
ation
litig
refrain from initiating any
ut
As you are likely aware, Captain Ascolese has been witho
was
it
se
becau
time
of
t
amoun
l
his pension for a substantia
ess
suspended as a result of what was demonstrated to be basel
have
fore,
there
y,
famil
his
t
and
criminal charges. My clien
nues
suffered serious financial and emotional hardship which conti
faith
good
of
show
a
and
esy
court
a
as
ss,
to this day. Neverthele
that the City will make the prudent decision, we will agree not
2815642.1

 HUD-L-004750-18 11/30/2018 2:40:52 PM Pg 20 of 20 Trans ID: LCV20182079018

SZAFERMAN
LAKIND

Scott Carbone, Asst. Corp. Counsel
November 7, 2018
Page 2

16th, 2018. Should we
to institute litigation before November
the City by that date,
not receive a substantive response from
the appropriate legal
Captain Ascolese reserves the right to take
action.
Thank you.

Robert E L
REL/amd
c: Peter J. Baker, Corporation Counsel
Jeffrey Garrigan, Esq.
Charles Sciarra, Esq.
aims Resolution Corp.
Debra Dickerson, Sr. Liability Analyst/Cl
Client

2815642.1