LUEDDEKE LAW FIRM LIRE MEMBER MILU014 DOLLAR AnVOCATE5 FORUM Tho Top Trial Lawyers In America".

215 Monis Avenue, Spring lake, N.J. 07762 732-449-2884 Fax 732-449-8226

www.newjerseyconsumerlaw.com Ronald L Lueddeke, Esq. Also admitted Florida Bar NJ Certified Civil Trial Attorney [email protected]

Karri Lueddeke, Esq. Also admitted New York Bar kanigueddekelawforn Lawrence L McIver, Esq. Of Counsel

August 4, 2016 Joseph H. Orlando Clerk, Appellate Division Superior Court of New Jersey Richard J. Hughes Justice Complex 25 Market Street CN 006 5th Floor North Wing Trenton, NJ 08625 Re:

Stanziano v. Manchester Township, et al Docket No.

Dear Mr. Orlando: This office represents plaintiff/appellant, Stephen Stanziano, in the above referenced matter. Please find enclosed an original and four copies of : (1) Notice of Appeal, (2) Case Information Statement, for filing with your office. I have also attached a copy of the Court Transcript Request Please charge any associated fees to my Attorney Collateral Account No. 141984. Please return the extra copy of the Notice of Appeal marked 'Tiled" in the enclosed self-addressed stamped envelope provided. Should you have any questions, please do not hesitate to contact me. Very truly yours,

.07Rawad/oesdear,

td'f.

Ronald L. Lueddeke, Esq. RLL/tjb Clerk, Monmouth County (ck $10.00) cc: Honorable Robert E. Brenner, JSC Kevin B. Riordan, Esq. Michael J. McKenna, Esq. Todd J. Gelfand, Esq. Harold N. Hensel, Esq.

New Jersey Judiciary Superior Court - Appellate Division

F`144 ... Do. .. • COG

Notice of Appeal

Type or clearly print all Inforrnatlon. Attach additional sheets if necessary.

Attorney/Law Firm/Pro Se Litigant Name Ronald L. Lueddeke, Esq.

Title in Full (As Captioned Below) Stephen Stanziano v. Michael Fressola, Elena Zsoldos and Manchester Township

Street Address 215 Morris Avenue State NJ

City. Spring Lake

Telephone Number 132-449-2884

Zip 07762

Email Address: [email protected]

On Appeal from Trial Court Judge Robert E. Brenner, JSC

Trial Court or Agency Number OCN-L-1245-13

Trial Court or State Agency Law Division - Ocean County

, appeals to the Appellate Notice is hereby given that Plaintiff , in the (select one) Division from a ❑ Judgment or 0 Order entered on 06/24/2016 or from a ❑ Tax Court ['Family Part of the Superior Court 0 Civil, ❑ Criminal, or . ❑ State Agency decision entered on

If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are being appealed. See attached regarding non-released claims.

Igl Yes Have all issues, as to all parties in this action, before the trial court or agency been must have all actions all issues as to all parties in disposed of? (In consolidated actions, been disposed of.) ❑ Yes If not, has the order been properly certified as final pursuant to R. 4:42-2?

❑ No

❑ No

For criminal, quasi-criminal and juvenile actions only: Give a concise statement of the offense and the judgment including date entered and any sentence or disposition imposed:

This appeal Is from a ❑ conviction If post-conviction relief, is it the

❑ post judgment motion

❑ 1st ❑ 2nd

❑ post-conviction relief.

❑ other specify

Is defendant incarcerated?

ID Yes

II No

Was bail granted or the sentence or disposition stayed?

❑ Yes

❑ No

If in custody, name the place of confinement:

Defendant was represented below by: ❑ self 111 Public Defender

Revised 06/2016, CN 10502 (Notice of Appeal)

❑ private counsel specify

page 1 of 2

Notice of appeal and attached case information statement have been served where applicable on the following: Date of Service Name 08/04/2016 Trial Court Judge Robert R Brenner, JSC 08/04/2016

Clerk, Law Division, Ocean County

Trial Court Division Manager Tax Court Administrator State Agency Attorney General or Attorney for other

Governmental body pursuant to R. 2:5-1(a), (e) or (h) Other parties in this action: Name and Designation

Attorney Name, Address and Telephone No.

Date of Service 08/04/2016

Kevin B. Riordan, Esq. Michael J. McKenna, Esq.

20 Hadley Avenue, Toms River, NJ 08753 732-240-225020 29 Hadley Avenue, Toms River, NJ 08753 732-349-1800

Todd J. Gelfand, Esq.

21101 Laurel Oak Road, Suite 110, Voorhees, NJ 08043 856-874-0555

08/04/2016

Harold N. Hensel, Esq.

16 Madison Avenue, Suite 1A, Toms River, NJ 08753 732-349-2800

08/04/2016

Attached transcript request form has been served where applicable on the following: Date of Service Name Trial Court Transcript Office Transcipt Services via fax 732-435-8402 08/04/2016

Amount of Deposit tbd

Court Reporter (if applicable) Supervisor of Court Reporters Clerk of the Tax Court State Agency Exempt from submitting the transcript request form due to the following: ❑ No verbatim record. ❑ Transcript in possession of attorney or pro se litigant (four copies of the transcript must be submitted along with an electronic copy). List the date(s) of the trial or hearing:

❑ Motion for abbreviation of transcript filed with the court or agency below. Attach copy. ❑ Motion for free transcript filed with the court below. Attach copy.

08/04/2016 Date

Revised 06/2016, CN 10502 (Notice of Appeal)

Signalthe of At

e or Pro So Litigant

page 2 of 2

SUMMARY OF JUDGMENT, ORDER, OR DECISION BEING APPEALED Plaintiff appeals Court's Order of April 11, 2016 (attached); Plaintiff appeals Court's Order of June 24, 2016 (attached); Plaintiff appeals any rulings of the Trial Court which were adverse to plaintiff and were not specifically released pursuant to a settlement entered into by the parties. The non-released claims are as follows: Breach of Employment Agreement (subject of June 24, 2016 Order) Wrongful Termination limited to the following claims: Statutory claims relating to the tenure statute, N.J.S.A. 40A:154.6; Statutory claims relating to the trial de novo statute, N.J.S.A. 40A9-161 (referred to in April 11, 2016 Order; Statutory claims relating to statute, N.J.S.A. 40:69A-43(c); Claims relating to the alleged disqualifying conflict of interest of the Hearing Officer with respect to the disciplinary hearing(s) STATEMENT OF THE FACTS AND PROCEDURAL HISTORY Plaintiff Stephen Stanziano, was the tenured Director of Public Works Director for the Township of Manchester. Plaintiff was hired in or about July 1995. Plaintiff's tenure status was pursuant to Township Ordinance §2-25B and N.J.S.A. 40A:9-154.6. Pursuant to that ordinance and statute plaintiff was entitled to a fair and impartial hearing and could not be terminated unless it was for good cause. On or about May 3, 2013, plaintiff filed a multi-count Complaint (including CEPA and LAD claims) in the Superior Court, Law Division — Ocean County against the Township of Manchester, Michael Fressola and Elena Zsoldos. On May 10, 2013 defendant Mayor Michael Fressola issued a written order to plaintiff, said order provided, inter alia, that plaintiff was noticed as to the Township's intention to terminate plaintiff for good cause and immediately suspending him with pay. Said order also stated that plaintiff's termination would not become final and effective until after any hearing provided for by N.J.S.A. 40A:9-154.6.

As a result of being served with said order plaintiff filed an Amended Complaint on May 22, 2013. Thereafter, the Township of Manchester conducted a hearing before hearing officer John Mercun, Esq. Given plaintiff's pending CEPA clam, Plaintiff chose not to participate in the hearing based upon the Supreme Court's decision in Winters v. North Hudson Regional Fire and Reserve 212 N.J. 66 (2012). Defendants and the hearing officer were so advised. The hearing officer sustained certain of the charges alleged by defendant Mayor Fressola in his May 10, 2013 order. The hearing officer on August 23, 2013 recommended that plaintiff be terminated. No progressive discipline was considered and plaintiff's public service record was not considered. Plaintiff claims the hearing officer had a disqualifying conflict of interest as his firm was municipal prosecutor and performed other legal work for the Township i.e. Mr. Mercun could not be deemed impartial and he also violated the Local Government Ethics Law by serving as hearing officer. Plaintiff was not aware of this conflict when the disciplinary hearing was conducted. Mayor Fressola sent plaintiff a letter therein advising that pursuant to N.J.S.A. 40:69A-43(c), Mr. Stanziano would be terminated from his position as Director of Public Works for Manchester Township effective September 17, 2013 and that he was following the recommendation of the hearing officer. Plaintiff sought to avail himself of his right to de novo review in the Superior Court (as provided for in N.J.S.A. 40A:9-161) and so notified the Court and defense counsel by letter dated October 31, 2013. Plaintiff was also party to an Employment Agreement with the Township of Manchester dated January 23, 2007. Said Agreement provided, inter alia, that in the

event of termination from employment plaintiff was entitled to his current salary for ninety (90) days, continuation of health benefits and any and all other terms and conditions of his contract. Plaintiff filed an Amended Complaint to claim the benefits due him under that agreement. The Court has ruled, inter alia, that plaintiff was not entitled to de novo review in the Law Division (Court Order dated April 11, 2016), hearing officer Mercun did not have a conflict of interest (transcripts dated June 26, 2015; July 10, 2015 and April 11, 2106).and plaintiff was not entitled to the benefits of the Employment Agreement. (based upon a breach of the implied covenant of good faith and fair dealing). Plaintiff also claimed that none of the charges that were sustained by the hearing officer constituted "good cause" under the "good cause" statute N.J.S.A. 40:69A-43(c), relied upon by the Mayor in his August 23, 2013 termination letter. Plaintiff settled certain claims against the Township including but not limited to his CEPA and LAD claims. Those claims were dismissed on account of the settlement by Court Order dated June 24, 2016. Certain claims under the settlement were not released. Plaintiff appeals these non-released claims. The non-released claims are non-disputed and are as follows: Breach of Employment Agreement (subject of June 24, 2016 Order) Wrongful Termination limited to the following claims: Statutory claims relating to the tenure statute, N.J.S.A. 40A:154.6; Statutory claims relating to the trial de novo statute, N.J.S.A. 40A9-161 (referred to in April 11, 2016 Order; Statutory claims relating to statute, N.J.S.A. 40:69A-43(c); Claims relating to the alleged disqualifying conflict of interest of the Hearing Officer with respect to the disciplinary hearing(s)

4 .4-4. t... le• g ES

New Jersey Judiciary Superior Court - Appellate Division CIVIL CASE INFORMATION STATEMENT

5,

a it 1

Please type or dearly pdntall Information. TITLE IN FULL

TRIAL COURT ORAGENCY DOCKET NUMBER

Stephen Stanziano v. Michael Fressola, Elena Zsoldos and Manchester Township

OCN-L-1245-13

.1 Attach additional sheds as necessary for any Information below, APPELLANT'S ATTORNEY •

PLAINTIFF

•

EMAILADDRESS:

DEFENDANT

[email protected]

0 OTHER (SPECIFY) CLIENT

NAME

Plaintiff, Stephen Stanziano

Ronald L. Lueddeke, Esq. CITY

STREET ADDRESS

Spring Lake

215 Morris Avenue RESPONDENT'S ATTORNEY'

STATE

ZIP

TELEPHONE NUMBER

NJ

07762

732-449-2884

EMAILADDRESS:

1

NAME

CLIENT

See attached attorney list STREETADDRESS

CITY

STATE

ZIP

TELEPHONE NUMBER

* Indicate which parties, if any, did nol participate below °mem no longer parties to the action at the lime or entry of the judgment or derision being appealed. GIVE DATE AND SUMMARY OF JUDGMENT, ORDER, OR DECISION BEING APPEALED AND ATTACH A COPY:

See attached regarding non-released claims

Are there any claims against any party below, either in this or a consolidated action, which have not been disposed of, including counterclaims, cross-claims, third-party claims and applications for counsel fees?

NO

111 YES

If so, has the order been properly certified as final pursuant to R. 4:42-2? (II nal, leave to appeal must be sought. R. 2:2-4,2:5-6) IA YES

•

NO

MT

NO

(If the order has been certified, attach, together with a copy of the order, a copy of the complaint or any other relevant pleadings and a brief explanation as to why the order qualified for certification pursuant to g 4:42-2.) Were any claims dismissed without prejudice?

•

YES

If so, explain and Indicate any agreement between the parties concerning future disposition of those claims.

Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this Stale being questioned? (R. 2:5-1(h))

111 YES

NO

GIVE A BRIEF STATEMENT OF THE FACTS AND PROCEDURAL HISTORY:

See attached

pan6if era 10500 (Appellole Ctrl C48) Rested Of,

._

TO THE EXTENT POSSIBLE, LIST THE PROPOSED ISSUES TO BE RAISED ON THE APPEAL AS THEY WILL BE DESCRIBED IN APPROPRIATE POINT HEADINGS PURSUANT TO R. 2:6-2(a)(5). (Appellant or cross-appellant only.):

Did the Court err granting Defendant's motion to deny plaintiffs de novo review in the Law Division? Did the Court err in granting that the ruling heating officer Mercun did not have a conflict of interest? Was plaintiff deprived of a fair and impartial hearing? Did the Township comply with N.J.S.A. 40A:154.6, 40A:9-161, 40:69-43(c)? Did Court err in granting defendant summary judgment on Plaintiffs Employment Agreement claim?

IF YOU ARE APPEALING FROM A JUDGMENT ENTERED BY A TRIAL JUDGE SITTING WITHOUT A JURY OR FROM AN ORDER OF THE TRIAL COURT. COMPLETE THE FOLLOWING: 1. Did the trial judge issue oral findings 01 an opinion? If so, on what dale? 6126/15, 7/10/15; 4/11/11p

1111 YES

NO

2. Did the trial Judge issue written findings or an opinion? If so, on what dale?

_ YES

0 NO

3. Will the trial judge be filing a statement or an opinion pursuant to H. 2:5-1(b)?

• YES

NO

Lindit to

Caution: Before you Indicate that there was neither findings nor an opinion, you should inquire of the trial judge to determine whether findings or an opinion was placed on the record out of counsel's presence or whether the judge will he filing a statement or opinion pursuant to FL 2:5-1(b)DATE OF YOUR INQUIRY: 1. IS THERE ANYAPPEAL NOW PENDING OR ABOUT TO BE BROUGHT BEFORE THIS COURT WHICH: (A) Arises from substantially the same case or controversy as this appeal?

• YES

— NO

(13) Involves an issue that is substantially the same. similar or related to an issue in this appeal?

• YES

j• NO

• YES

• NO

2. WAS THERE ANY PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY? IF THE ANSWER TO EITHER 1 OR 2 ABOVE IS YES, STATE: Case Name:

Appellate Division Docket Number:

Civil appeals are screened for submission to the CivilAppeals Settlement Program (CASP) to determine their potential for settlement or, in the alternative, a simplification of the issues and any other matters that may aid In the disposition or handling of the appeal. Please consider these when responding to the following question. A negative response will not necessarily rule out the scheduling of a preargumen1 conference. Stale whether you think this case may benefit from a CASP conference.

D YES

_ NO

Explain your answer:

Defendant is firm in its position as to the non-released claims and was not willing to scale those claims based upon plaintiffs demand.

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). Stephen Stanziano

Ronald L. Lueddeke, Esq.

Name of Appellant or Respondent

g 1 / Date

Regeed: 01M41011, C 105aa (Appellate Chi CIS)

Name of Counsel of Record (or your name if not represented by counsel) 1X-idt

te--/..-/ad-

Signature of Counsel of Record (or your signature if not represented by counsel) page 2 cal'

RESPONDENT'S ATTORNEYS

MICHAEL FRESSOLA & ELENA ZSOLDOS PUNITIVE DAMAGES ONLY Harold N. Hensel, Esq., Secare & Hensel 16 Madison Avenue, Suite 1A Toms River, NJ 08753 Tel: 732-349-2800 Fax: 732-349-9293 hhenselsecarelawfirm.corn

MANCHESTER TOWNSHIP MICHAEL FRESSOLA Kevin B. Riordan, Esq. 20 Hadley Avenue Toms River, NJ 08753 Tel: 732-240-2250 Fax: 732-240-3334 kbrlawacomcastnet Todd J. Gelfand, Esq. Barker, Scott, Gelfand and James 1101 Laurel Oak Road, Suite 110 Voorhees, NJ 08043 856-874-0555 Fax: 609-601-8577 tgelfantbarkerlawfirm.net

Attorney for Elena Zsoldos Michael J. McKenna, Esq. Hiering Gannon & McKenna 29 Hadley Ave Toms River, NJ 08753-7520 Tel: (732) 349-1800 Fax: 732- 286-2275 E-Mail: hhq5258aol.com

SUMMARY OF JUDGMENT, ORDER, OR DECISION BEING APPEALED Plaintiff appeals Court's Order of April 11, 2016 (attached); Plaintiff appeals Court's Order of June 24, 2016 (attached); Plaintiff appeals any rulings of the Trial Court which were adverse to plaintiff and were not specifically released pursuant to a settlement entered into by the parties. The non-released claims are as follows: Breach of Employment Agreement (subject of June 24, 2016 Order) Wrongful Termination limited to the following claims: Statutory claims relating to the tenure statute, N.J.S.A. 40A:154.6; Statutory claims relating to the trial de novo statute, N.J.S.A. 40A9-161 (referred to in April 11, 2016 Order; Statutory claims relating to statute, N.J.S.A. 40:69A-43(c); Claims relating to the alleged disqualifying conflict of interest of the Hearing Officer with respect to the disciplinary hearing(s) STATEMENT OF THE FACTS AND PROCEDURAL HISTORY Plaintiff Stephen Stanziano, was the tenured Director of Public Works Director for the Township of Manchester. Plaintiff was hired in or about July 1995. Plaintiff's tenure status was pursuant to Township Ordinance §2-25B and N.J.S.A. 40A:9-154.6. Pursuant to that ordinance and statute plaintiff was entitled to a fair and impartial hearing and could not be terminated unless it was for good cause. On or about May 3, 2013, plaintiff filed a multi-count Complaint (including CEPA and LAD claims) in the Superior Court, Law Division — Ocean County against the Township of Manchester, Michael Fressola and Elena Zsoldos. On May 10, 2013 defendant Mayor Michael Fressola issued a written order to plaintiff, said order provided, inter alia, that plaintiff was noticed as to the Township's intention to terminate plaintiff for good cause and immediately suspending him with pay. Said order also stated that plaintiff's termination would not become final and effective until after any hearing provided for by N.J.S.A. 40A:9-154.6.

As a result of being served with said order plaintiff filed an Amended Complaint on May 22, 2013. Thereafter, the Township of Manchester conducted a hearing before hearing officer John Mercun, Esq. Given plaintiff's pending CEPA clam, Plaintiff chose not to participate in the hearing based upon the Supreme Court's decision in Winters v. North Hudson Regional Fire and Reserve 212 N.J. 66 (2012). Defendants and the hearing officer were so advised. The hearing officer sustained certain of the charges alleged by defendant Mayor Fressola in his May 10, 2013 order. The hearing officer on August 23, 2013 recommended that plaintiff be terminated. No progressive discipline was considered and plaintiffs public service record was not considered. Plaintiff claims the hearing officer had a disqualifying conflict of interest as his firm was municipal prosecutor and performed other legal work for the Township i.e. Mr. Mercun could not be deemed impartial and he also violated the Local Government Ethics Law by serving as hearing officer. Plaintiff was not aware of this conflict when the disciplinary hearing was conducted. Mayor Fressola sent plaintiff a letter therein advising that pursuant to N.J.S.A. 40:69A-43(c), Mr. Stanziano would be terminated from his position as Director of Public Works for Manchester Township effective September 17, 2013 and that he was following the recommendation of the hearing officer. Plaintiff sought to avail himself of his right to de novo review in the Superior Court (as provided for in N.J.S.A. 40A:9-161) and so notified the Court and defense counsel by letter dated October 31, 2013. Plaintiff was also party to an Employment Agreement with the Township of Manchester dated January 23, 2007. Said Agreement provided, inter alia, that in the

event of termination from employment plaintiff was entitled to his current salary for ninety (90) days, continuation of health benefits and any and all other terms and conditions of his contract. Plaintiff filed an Amended Complaint to claim the benefits due him under that agreement. The Court has ruled, inter alia, that plaintiff was not entitled to de novo review in the Law Division (Court Order dated April 11, 2016), hearing officer Mercun did not have a conflict of interest (transcripts dated June 26, 2015; July 10, 2015 and April 11, 2106).and plaintiff was not entitled to the benefits of the Employment Agreement (based upon a breach of the implied covenant of good faith and fair dealing). Plaintiff also claimed that none of the charges that were sustained by the hearing officer constituted "good cause" under the "good cause" statute N.J.S.A. 40:69A-43(c), relied upon by the Mayor in his August 23, 2013 termination letter. Plaintiff settled certain claims against the Township including but not limited to his CEPA and LAD claims. Those claims were dismissed on account of the settlement by Court Order dated June 24, 2016. Certain claims under the settlement were not released. Plaintiff appeals these non-released claims. The non-released claims are non-disputed and are as follows: Breach of Employment Agreement (subject of June 24, 2016 Order) Wrongful Termination limited to the following claims: Statutory claims relating to the tenure statute, N.J.S.A. 40A:154.6; Statutory claims relating to the trial de novo statute, N.J.S.A. 40A9-161 (referred to in April 11, 2016 Order; Statutory claims relating to statute, N.J.S.A. 40:69A-43(c); Claims relating to the alleged disqualifying conflict of interest of the Hearing Officer with respect to the disciplinary hearing(s)

rfi11.-) 7016

S I PERIOR COURT OF NEW JERSEY 0 EAN COUNTY - LAW DIVISION . D CKET NO.

071-anionet HOBE:RTE. 1311ETZI-Eir,

001-1_- 12.1-15- 13

- CIVIL ACTION

vs,

ORDER OF DISMISSAUDISPOSITION/REINSTATEMENT

e-1-

FresCQla

YEAR 2616 ORDERED THAT THIS MATTER AY OF ...lime IT IS, ON THIS 2.I IS HEREBY DISMISSED/DISPOSED-DUE TO THE FOLLOWING: • _20 SETTLED BY STATUTORY ARI3. 04 PARTIALLY TRIED AND FRIENDLY HEARING. 05 TRIED TO COMP. W/JURY 07 TRIED TO COMP. W/O JURY - 23 SETTLED NOT SCHED. FOR TRIAL,ARB,CDR FRIENDLY NOT COMPLETED 08 DEFAULT JUDGMENT K24 SETTLED WHILE SCHED. FOR TRIAL , 09 SUMMARY JUDGMENT - 25 SETTLED WHILE SCHED. FOR STAT. ARE. 10 DISM. BY CT. W/PRFJUDICE 26 SETTLED WHILE SCHED. FOR OTHER CDR. I I DISK RULE I:13-727 SETTLED FRIENDLY HEARING COMP. 12 DISM. BY CT. W/O PREJUDICE 28 SETTLED BY BAR PANEUVOL. ARIL 14 TRANSFERRED TO ANOTHER +29 SETTLED BY CONFERENCE WITI-1 JUDGE COUNTY 30 VOL. DISMISSAL TO VOL. BINDING ARB. 15 TRANSFERRED TO ANOTHER - 53 SETTLED PRIOR TO MEDIATION COURT 54 SETTLED THROUGH MEDIATION 17 SETTLED BY STAT. ARB/50 _____ 55 SETTLED PRIOR TO BAR PANEL DAY DISMISSAL 56 SETTLED WITH BAR PANEL 18 REINSTATED - 57 SETTLED PRIOR TO SETTLEMENT CONK 19 SETTLED BY STATUTORY A RB. CONFIRM AWARD 80 COMP. NAME CHANGE 31 COMP:OTHER SUMMARY PROCEEDING 32 DEFAULTJUDGMENTPROOF HEARING • - PLAINTIFF FAILED TO APPEAR. ACTION DISMISSED FOR LACK OP PROSECUTION. DEFENDANT FAILED TO APPEAR. STRIKE DEFENDANT'S PLEADINGS. DEFENSES ARE SUPPRESSED. IT IS FURTHER ORDERED THAT ME PLAINTIFF/DEFENDANT SHALL SERVE A COPY 'OF THIS ORDER ON TEE PLAINTIFF/DEFENDANT WITHIN 10 DAYS OF THE ABOVE DATE PURSUANT TO RULE 1:2-3 COUNSEL BY FIXING THEIR SIGNATURES HERETO, ACKNOWLEDGE RECEIPT OF THEM EXHIBITS AND AGREE TO SAFEKEEPING SAME PENDING AN APPEAL.

is is a final order dIsralssms all clatms se)- - fraln in Tine Third rigisinledi

COMMENTS: re ATTORNEYS ARE T IGN ON LINES RO IDED BELOW -

epe4 -' -

110.041 441161 /Wee

FORM,f,

FOR

FOG‘stor

FOR

ACS Hety.sY 1 r-c•

(7)1[t.

42/4/7-1/4-1-F A

ATTENTION A'TTORNEYS:.C.4.-&./1///-

IPX/Pir

THIS ORDER IS NOT TO BE SUBMITTED TO THE JUDGMENT SECTION, SUPERIOR COURT CLERK'S OFFICE, TRENTON FOR RECORDING

FOR

RONALD L. LUEDDEKE, ESQ. 215 MORRIS AVENUE SPRING LAKE, NEW JERSEY 07762 Attorney I,D. No. 016781976 (732) 449-2884 ATTORNEY FOR PLAINTIFF(S) LYNDA LEE, ESQ. 215 MORRIS AVENUE SPRING LAKE, NEW JERSEY 07762 Attorney I.D. No. 022751988 (732) 974-7409 ATTORNEY FOR PLAINTIFF(S)

STEPHEN STANZIANO

Plaintiff(s),

[ JUN 24 2016 1 i ROBERT E. 811ENNErt, T .I.S.0,

"P,...-.... z--•...-..- -.--m•----------c-r --,..-----.......

SUPERIOR COURT OF NEW JERSEY LAW DIVISION OCEAN COUNTY

DOCKET NO. OCN- L-1245-13

v. MICHAEL FRESSOLA, Individually, ELENA ZSOLDOS, Individually, MANCHESTER TOWNSHIP, JOHN AND JANE DOES (1-100), ABC CORPS. (1-100), and XYZ INC. (1-100),

Civil Action ORDER FOR PARTIAL SUMMARY JUDGMENT (COUNT TEN OF PLAINTIFF'S THIRD AMENDED COMPLAINT) and EXTEND DISCOVERY

DENIED

Defendant(s).

This matter having been opened to the Court by Ronald L. Lueddeke, Esquire, attorney for Plaintiff, Stephen Stanziano, Ronald L. Lueddeke, Esquire appearing and the Court having considered the papers filed in support and opposed to said Motion, and having considered objections thereto and any oral arguments made, and for good cause shown;

11' of IT IS ORDERED on this2 day

Me

, 2016;

den tea

ORDERED, that Partial Summary Judgment be and is hereby grantothin favor of plaintiff, on Count of his Third Amended Complaint; and, it is further ORDERED, that plaintiff is entitled to compensatory damages equal to the payments due and benefits due as provided for in the subject Employment Agreement. The parties will try,to agree as to the amount of those damages. If the parties cannot agree either party may file a motion for the Court to decide the amount of damages; and, it is further

r

IT IS FURTHER ORDERED, that a copy of this Order shall be served on all parties within

days of this Order.

tiOliertEatrefirferiit.St.;

THIS OTION WAS: ested ncontested Answering Papers Party

(iely papers

oh

t, tio 141-

( ) Judge has filed copy with ( ) Serve copy on all attorneys ( ) This motion has been denied

Denied

Attorney ID 03156-1995 'Todd J. Gelfand, Esquire

ILED— I

JUN 24 2016

BARKER, GELEAND & JAMES A PROFESSIONAL CORPORATION

Linwood Greene, Suite 12 210 New Road Linwood, New Jersey 08221 [email protected] -

ROBERT E. BRENNER, J.S.C.

Attorney for Defendants, Manchester Township and Michael Fressola, Individually; Jointly, Severally, and in the Alternative

STEPHEN STANZIANO Plaintiff,

SUPERIOR COURT OF NEW JERSEY LAW DIVISION OCEAN COUNTY

vs.

Docket Number OCN-L-1245-13

MANCHESTER TOWNSHIP; MICHAEL FRESSOLA, Individually; ELENA ZSOLDOS, Individually; JOHN and JANE DOES (1-100); ABC CORPS. (1-100); and, XYZ INC. (1-100) Defendant

Civil Action ORDER

GRANTED THIS MATTER having been brought before the Court by Todd J. Gelfand, Esquire, of the Law Offices of Barker, Gelfand & James, attorneys for the Defendants, the Township of Manchester and [former] Mayor Michael Fressola, Individually, and Jointly, Severally, and in the Alternative; and, the Court having reviewed the moving papers submitted by counsel and any opposition filed thereto; and, good cause having been shown; It is on this

day of June 2016, ORDERED and

ADJUDGED that partial summary judgment in favor of the Defendants, the Township of Manchester and [former] Mayor Michael Fressola, Individually, and Jointly, Severally, and in the Alternative, shall be and hereby is GRANTED, such that the severance pay claim

raised in CAN—..t IV of Plaintiff's Complaint shall be and hereby is DISMISSED WITH PREJUDICE. It is FURTHER ORDERED and ADJUDGED that a, copy of this Order shall be served upon all counsel within ten (10) days of receipt by Barker, Gelfand & James.

Rob rt E. Brenner, JSC. rx) 0 (rAtd

(9,44

Iteraar+

Page 2 of 2 Stephen Stanziano v Township of Manchester, et al BARKER, GELFAND & JAMES • A PROFESSIONAL CORPORATION ° LINWOOD, NEW JERSEY 08221

V IA:: ULM

?., SU '4, . ,

New Jersey Judiciary Superior Court - Appellate Division COURT TRANSCRIPT REQUEST

,

Please type or dearly print all information. Instructions: 1. Complete all information 2. File a separate request for each court reporter or court clerk who recorded a portion of the proceeding 3. Attach the Appellate Division or Supreme Court Clerk's copy to the Notice of Appeal (8, 2:5-1(9) 4. Attach transcript fee. PLAINTIFF(S)

TRIAL COURT DOCKET NUMBER Stephen Stanziano

OCN-L-1245-13

Y. Michael Fressola, Elena Zsoldos and Manchester Township

COUNTY/COURT Monmouth

DEFENDANT(S) REQUESTING PARTY NAME Ronald L. Lueddeke, Esq. ADDRESS 215 Morris Avenue CITY

I EMAIL ADDRESS [email protected]

Spring Luke, TO

I PHONE NUMBER 732-449-2884

STATE

ZIP

NJ

07762

NAME /ADDRESS (COURT REPORTER or COURT CLERK cif sound recorded))

Fax No. 732-435-8402 Transcript Services Ocean County Courthouse 118 Washington Street Toms River NJ 08753 II is hereby requested that you prepare for use on (check one) • appeal following: DATE OF PROCEEDING June 24, 2016

• non-appear an original and

TYPE OF PROCEEDING (e.g., trial, sentencing, motion, etc.)

copies of the

NAME OF JUDGE

Motion

Robert E. Brenner, JSC

I agree to pay for the preparation and any copies ordered of the transcript(s) for the above date(s) pursuant to R. 2:5-3(d). i / I r'S 402---) s , r‘r OF• EDUESTING PARTY

August 4.2016 DATE

Transcript fees are set by New Jersey Statute 2B:7-4. An additional sum or reimbursement may be required prior to or at the completion of the transcript order. DEPOSIT ATTACHED: $ • Only the Supervisor of Court Reporters should receive copies of non-appeal transcript requests. CC:

1. CLERK, Appellate Division, or CLERK, Supreme Court (see INSTRUCTIONS above) 2. Supervisor of Court Reporters 3. Trial Court Transcript Office 4. Other attorneys / Pro Se parties

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