DEREK PEARL - v. THE SOMERSET COUNTY PROSECUTOR'S OFFICE

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5169-09T1

DEREK AND RITA PEARL,

Plaintiffs-Defendants,

v.

THE SOMERSET COUNTY PROSECUTOR'S

OFFICE and THE STATE OF NEW JERSEY,

Defendants-Respondents,

and

SOMERSET COUNTY, TOWNSHIP OF

BRIDGEWATER, OFFICER DANIEL

LORIMOR, OFFICER MICHAEL GUERRA,

LIEUTENANT TODD S. KOLLER, and

OFFICER ROBERT KELLY,

Defendants.

____________________________________________________

December 23, 2011

Submitted December 13, 2011 - Decided

Before Judges Messano, Espinosa and Kennedy.

On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-1022-07.

Michelle Joy Munsat, attorney for appellants.

Paula T. Dow, Attorney General, attorney for respondents (Lewis A. Scheindlin, Assistant Attorney General, of counsel; David B. Bender, Deputy Attorney General, on the brief).

PER CURIAM

The matter having been amicably adjusted and the parties having agreed that plaintiffs' service of a Notice of Tort Claim on Somerset County was effective as to the Somerset County Prosecutor's Office, the matter is remanded to the Law Division for further proceedings.

Plaintiffs having further agreed to withdraw their appeal of the trial court's dismissal as to the State of New Jersey, the appeal is dismissed with prejudice and without costs.