KENNETH KANTER v. ELIZABETH KUMBARTSKY, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2085-04T12085-04T1

KENNETH KANTER,

Plaintiff-Appellant,

v.

ELIZABETH KUMBARTSKY, her heirs,

devisees, personal representatives

and their or any of their successors

in right title and interest; MR.

ELIZABETH KUMBARTSKY (a fictitious

name), his heirs, devisees, personal

representatives and their or any of

their successors in right title and

interest; JOSEPHINE YANIERO;

CATHERINE FALLER; JEROME L. LEIBOWITZ

as Trustee for ELIZABETH KUMBARTSKY

and as Administrator C.T.A. of the

Estate of Nicholas Zappia; and

STATE OF NEW JERSEY,

Defendants-Respondents.

_________________________________________

 

Argued September 21, 2005 - Decided

Before Judges Wefing, Fuentes and Graves.

On appeal from Superior Court of New

Jersey, Chancery Division, Bergen

County, Docket No. F-3332-04.

Kenneth Kanter, appellant, argued the

cause pro se.

Robert Ferraro argued the cause for

respondent Josephine Yaniero (Bruno &

Ferraro, attorneys; Mr. Ferraro, of

counsel; Salvatore R. Vargo, on the brief).

PER CURIAM

Plaintiff, Kenneth Kanter, appeals a determination of the Chancery Division General Equity Part, finding defendant, Josephine Yaniero, was entitled to redeem a tax sale certificate under N.J.S.A. 54:5-54. The trial court held that Yaniero was an owner of the property, by virtue of a previous judicial declaration giving her a 20% interest in her father's estate. Plaintiff argues that the trial court erred, because Yaniero's interest in the estate did not transform her into an owner of the property, entitled to redeem the tax sale certificate.

We reject plaintiff's argument and affirm for substantially the same reasons given by Judge Doyne in his written decision dated October 22, 2004.

 
Affirmed.

Plaintiff's motion to strike defendant's amended appendix is denied.

(continued)

(continued)

2

A-2085-04T1

October 6, 2005