Oct. 9. 2019 ~o. 32a1 P. 1 judge HANSBURY 1 :40PM SUPERIOR COURT OF NEW JERSEY T NI+C~RR~SISUSS~.~ VxC~1~,~i.G~ MORRIS COCTNTY FAMILY COURTHOUSE hLARITZA BERDC~E BYRNE P.0- ~0:~ 910 i~IOYtYZY5TG1~'VN, NJ 07y6~ PRESIDING JUDGE G~~NLYtAY.EQ~YT'SC ~ ~ T'~L•(973)656-3y4J f ~'A7~;(973} 656-3921 ~~ Us ~.a~ Qc~rober 9,ZO ~9 Mr. Jeffrey M.Patti _ 255 ~'oo~.port ~2.oac~ Sparta, New Jersey Q'78'71 RE: NJDEP v. ]oseph Wallace SSX-C-7-~9 Dear Mr.1'atrti, 'fie count is ~a. xece~p~ o~ youx ~et~ex dafed 4c~ober $, 2019, seeping a ~t~vvo-~ree~ adJournment of the hearing date scheduled for Friday, October 11, 2019 for plaintiffs motion in aYd of ~tigaut's rights. OpposYng caunseY does not consent to the request. See October 9, 2019 Q~t~osit~ou Letter at 1 ~``[t~he State, ~rhile cognizant o~ tie p~o~essioaal. deference that ~,suall~r accompanies ~djoumment requests b~ counsel, opposes any adjournment of this matter."). pursuant to R. 1:6-~(,a) ~xce~t as ~rovic~,ed by 1~.. 4:49-1~b)(motion for new trial, any o~po~ing affidavits, certifications or objections filed pursuant to R. l:d~2 shall be filed and served not later than 8 days before the return date unless the c4u~xt xela~es ghat time, Thus,for example,ifthe return. date Ys on a Friday, auy response must be filed and served no later 'tkaax~ '~'hursda~ of the prior ~c~v'eek. Reply papers respon.~.ing to opposi.~g affidavits or certi~i.cations shall be filed and served not later than 4 days before the return date unless the court otherwise orders. Thus,for example, such papers must Page 1 of4 Oct,. ~, 2019 1 :44PM IVo, 3201 ~ udge HANSBURY P. 2 be filed and served on 1'V~onday for a return date ofthe follovtring Friday. l~'o other papers maybe filed without leave ofcourt. The court v~ras notified on October 8, 2019 through your letter of counsel's "prepaid vacation p~az~s." ~'u~rsuGa~.~ to R. 1.:6-3, ara~' oppas~t~o~ do p1a~a~ti~s motion in aid o~li~igant's rights was due by Thuxsday, October 3, 2019. As the letter seel~ag a two-week adjournment was faxed and recei~red three days before the return date ofthe motion, aid five dais after the expiration ofthe perrad ~n ~h~ch to oppose,the r~questi is not ~mel~r. Pursuant to R. I:6-2(a),"[t]he motion sha11 be deemed uncontested. and t.~ere shall be no right to argue orally in opposi~.on unless responsive papers are timely filed and served stating with particularit~r the basis ofthe opposition to the relief sough." Thexe has beep no oppos~fion filed iz~ response to plaintiffs lnotiion in aid of litiigant's rights .led on September 25,2 19. Accordingly,the court wi]]. consider the motion unopposed by defendant roseph'4~l'allace. ~4dditionally, gin. ~'oux October 8, 20191etter, you cox~~eaad "[a]~ zoo trine ha~re I indicated to this court, on the record nor in pleadings nor in correspondence that I represent Ms. Wallace. i da not." On the March 1, 2019 hearing for the order to Show Cause, however, you gave your appearance for the record as,``J'effrey Patti from path and Patti in Sparta on behalf ofthe defendant Joseph ~Ta~~ace and at the z~o~e~at ~e~xapoxax~~~ ~'~~ be z~.terject~ng o~ be~a~,~ of ~au~ra V~Ta~.lace," Plaintiffs Re 1 Letter Brief at 2, ems. B at 3:11-I~. The court is in receipt of a letter from Gilliam C. Saracino dated October 7,2014 see~€ing to enter axa appearance on de~e~.clazaz Z.,au~a R~al~ace's behaL~ end adjoin tk~e x~aotxon as to Ives, ' OVa,~aee only because "~t'here appears to be certain procedural issues that need to be clarified rela~i~re to th.e Pack of ~ertirice andlor ~,aura 'OVallace's~ involvement in the case herein from the eery o~~se~, Octobex 7, 20~.9~ ~.au~a ~Va~~ace O~~osi~io~a Lei~e~ ("~.auxa V~Tallace Qpp,") at 2, Yt is argued "Mr.Patti was never suthori2ed to represent the defendant,Laura ~ila~lace...the defe~dan~~, gage 2 of4 Oct. 9. 2019 1 :40FM I~o. 3201 judge HANSBl1RV F. 3 Laua~a V~1allace, has ~a.e~'ex ~ been served with any pleadings and/or documentation i_~ this case to date, Ynclu.sive of ~.he aforesaid pend~a~g x~.otion in aid of litigant's rights." Id. The S~at~ axgtres se~rice arras properly effectuated on Laura Wallace. Pursuan.~ to l~. 4:6-2(d}, ~nsufficienay of service of process as a proper defense, however, it is waived if not raised s.n g motion ~uvitbin 90 days of a responsive pleading. R. 4:~-7, ~. 4:6-3. As the State argues, "'~.'he hearing vn Mare 1, 2 19 ~cv'ould represent a r~sponsrve pleading. During tih.e 1V~~rck~ 1, 2019 heari:n.g. . .Mr. Path asserted ghat he ~cv'as repxesenting Ms. ~a~ace. Yndeed, Mr. Patti subseque~~~ pro~rided a certification on ,aura Wallace's behalf ,Laura ~il'allace had her op~orhznity to objeCti to ~e suf~c~e~cy of process in this case, but failed to do so." Pla~x~tii~~ s Reply ~.etter Brief at ~, ex. C. Accordi_n.gl~,the court ends defendant ~,aura'4V'allace has been p~operl~'ser~v'ed pursuant to R 4:62,lZ. 4:6-~, and R. 4:6-7. It is argued Ms. Wallace "h,~s the right to oppose t ie pending motion and to fiir~her file a responsi~'e pXeading in this matter at this time, audlor seek e~.t~~' off'disza~.ssa1 inasmuch as she has not been personall~r se~v'ed ~o date," .aura ~a.~lace ~~pp. at 2. Because the court finds defendant Laura'OU'aYiace has beenproperl~ se~cred, lV~s. Vijallace's opposition was du.e by Thu~rsda~', October 3,2019 pursuant to ~. 1:6-3. Moreover, pursuant to R. ~.:6-2(a}, ~~aintifes motion sha11 be deemed uncontested b~' de~enda~t .aura 'GV'allaee. Accordingly,the cotet 't~'i.lZ co~as~der plaintiff's motion ~n aYd of litigant's rights uzaopposed by' bow defendant roseph'4~"a~tace and defendant ~,auxa Wallace_ The court aYso de~.ies counsel's request for ~ fro-~'ee~ adjoulam.ent. Reg ds, ~~ ..►. ~..~E~1 Maritz~ $erdate Byrne, ~',~~ Ch. page 3 of 4 Oct, 9. 2019 1 ;41PM No. 3201 P. 4 judge HANSBURY I:C Copies to; Kevin J. Fleming Deputy Attorney Greneral Office of the Attorney Greneral ~epar~e~.~ of ~.a~v' aid ~ubX~c Sa~e~r ~~~risia~ of Lavv~ 25 N~arket Street P.O. Box 093 Trenton, New rersey X8625-0093 V~Ti~~.ax~a C. Saxacaa~o 500 Union Boulevard Totowa,New Jersey 07512 Page 4 of4